SWATANTER KUMAR, J. - (1.) This Criminal Appeal is directed against the judgment of conviction and order of sentence both dated 18/12/1990, vide which the accused appellant-Gurdial Singh son of Warrayam Singh was found guilty under Section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for 11/2 year and to pay fine of Rs. 1,000.00. In default thereof, to further undergo rigorous imprisonment for three months.
(2.) The case of the prosecution has been stated by the learned trial Court in paragraph 2 of the judgment, which reads as under :- "The essential features of the prosecution case are that Sukhdev Singh (P.W. 3) wanted to purchase five kanals of land from Pritam Singh son of Bhagat Singh resident of Sarawan. He contacted the accused for obtaining this copy of jamabandi. The accused demanded Rs. 100.00, as consideration for issuing the requisite copy. Sukhdev Singh never wanted to pay the bribe. However, he promised the accused that he would make the payment the next day. On 28-6-1989, he went to the Vigilance Office Gurdaspur, accompanied by Gurdial Singh (PW 4). He explained the situation to Bahadur Singh, Inspector Vigilance (P.W. 6). His statement Ex. P. C. was recorded by Bahadur Singh and a trap was laid. Sukhdev Singh produced two currency notes of Rs. 50.00, denomination each before Bahadur Singh, who kept a note of the number of the currency notes and put his initials. The currency notes were treated with phenolphthalein powder. The currency notes were handed over to Sukhdev Singh vide memo No. Ex. PD after demonstration was given to the witnesses. Gurdial Singh was deputed to act as a shadow witness. Sukhdev Singh was directed to pay the bribe money to the accused on demand and not to shake hands with him after handling over the bribe money. Gurdial Singh was directed to give a signal after the accused had accepted the bribe money and delivered the copy of Fard jamabandi to Sukhdev Singh. He was further directed to hear the conversation between Sukhdev Singh and the accused. Bahadur Singh accompanied by ASI Onkar Singh, Sukhdev Singh (P.W. 5) and Gurdial Singh (P.W. 4) went for raid. Salwinder Singh (P.W. 5) was associated from near the Government College Gurdaspur. Sukhdev Singh and Gurdial Singh went to the house of the accused and other members of the party stationed at about 15-16 karams away from where the house of the accused was visible. The accused was present in the house. He enquired from Sukhdev Singh if he had brought the money. Sukhdev Singh replied in the affirmation. The accused took the bribe money and delivered the copy of jamabandi Ex. P1 to Sukhdev Singh. On getting the pre-arranged signal the police party reached the house of the accused. Bahadur Singh disclosed his identity and affected the search of the accused. The marked currency notes Exs. P2 and P3 placed in a purse were recovered from the left breast pocket of the wearing shirt of the accused. The number of currency notes were allied and verified and it was confirmed that the currency notes were bearing the initials of Bahadur Singh. A glass of water was procured and solution with sodium carbonate was prepared. The fingers of the accused were got dipped and the colour of solution turned pinkish. It was transferred into a nip which was sealed with the seal impression Bs. Another solution was prepared and the purse was dipped into it. The colour of the solution turned pinkish. It was transferred into a separate nip. Sealed with the seal impression Bs. Recovery Memo Ex. PE was prepared. The register jamabandi, register of fee and roznamcha lying on the table of the accused were taken into possession vide memo Ex. P. G. The fard jamabandi Ex. P.1 was seized vide memo Ex. P. F. The accused was arrested. The articles were taken to police station City Gurdaspur and entrusted to the custody of MHC Lakhbir Singh. A formal case was registered at the police station. The nips were transmitted to the Forensic Science Laboratory Chandigarh without tampering with the seals. It was reported vide report Ex. P. L. that sodium ions, carbonate ions and phenolphthalein were present in the contents of both the nips. After the completion of investigations the report under Section 173, Cr.P.C. was prepared and the accused was booked for trial.The prosecution, in order to substantiate the charges, examined Harbans Singh Clerk D. C. Office, Gurdaspur (P.W. 1), to prove the sanction Ex. P. A. and the posting order of the accused Ex. P. B. Chaman Lal Qanungo (P.W. 2) to state that the copy of jamabandi Ex. P.1 is in the handwriting and under the signatures of the accused and the legal fee for issuing the copy was Rs. 1.20 p. The prosecution further put into the witness box the decoy Sukhdev Singh (P.W. 3), shadow witness Gurdial Singh P.W. 4, recovery witness Salwinder Singh (P.W. 5) and the Investigating Officer Bahadur Singh (P. W. 6), Constable Gulzar Singh and MHC Lakhabir Singh were examined on affidavits. The learned Add. P. P. for State made statement closing the prosecution evidence after giving up ASI Onkar Singh, Pritam Singh and Amrik Singh as unnecessary."
(3.) Learned trial Court after examining the evidence on record, convicted the accused and sentenced to undergo imprisonment afore-noticed, giving rise to the present appeal.;