DR.BHARAT BHUSHAN PARSOON, J. - (1.) HAVING been convicted for commission of the offence under Section 7 as also under Section 13(2)of the Prevention of Corruption Act, 1988 (hereinafter called the Act) and thereafter having been sentenced to undergo RI for a period of three years with payment of fine of Rs.5,000/ - for the offence under Section 7 and RI for a period of 5 years along with fine of Rs.5,000/ - for the offence under Section 13(2) of the Act respectively, in default of payment of fine, the appellant having been ordered to undergo further RI for a period of three months on each count, Patwari Dilbash Singh is now in appeal.
(2.) THE prosecution case put in a narrow compass is reproduced as below. 2.1 Satnam Singh, a bachelor, had died on 20.8.1991. His estate was to be inherited by his mother Smt. Pritam Kaur. Gurnam Singh (complainant) is younger brother of the deceased. On 18.2.2000, Gurnam Singh (complainant) had moved an application for sanction of mutation with regard inheritance of Satnam Singh in favour of Smt. Pritam Kaur. After getting necessary orders of Tehsildar, Phillaur and on completion of other necessary formalities, the said application was handed over to Patwari Dilbagh, now appellant -convict. Many rounds around Patwari Dilbagh Singh were made by the complainant. He had even submitted death certificate of Satnam Singh but things did not move. On one pretext or the other, the matter was being delayed. Ultimately, accused demanded Rs.5,000/ - as illegal gratification, which on persuasion was reduced to Rs.4,000/ -. 2.2 The complainant had decided to report the matter to the Vigilance Department. He along with his associate Piara Singh approached Vigilance Bureau, Kapurthala. Eight currency notes of the denomination of Rs.500/ - each were handed over to the DSP by the complainant. A memo was prepared noting down the details of currency notes. These currency notes then were treated with phenolphthalein powder (hereinafter mentioned as P powder). Raiding party was organized. Piara Singh was given the role of a shadow witness. He was to listen to the conversation between the accused and the complainant and on passing over of the bribe money on demand from the complainant to the accused, he was to give pre -determined signal to the Investigating Officer for them to arrive. Dr. Hari Singh and Pawan Kumar public servant were joined in the raiding party. 2.3 As planned, the complainant and the shadow witness had gone to the accused. On demand, the currency notes were paid by the complainant to the accused. The shadow witness had passed on the necessary signal to the Investigating Officer. The accused was caught red handed. His hands were got washed in a solution of sodium carbonate when colour of the solution turned from white to pink. Said solution was sealed in a nip (Ex.PI) and was taken into possession vide memo (Ex.PJ). Spot investigations were conducted. Left pocket of trousers of the accused was also washed in the solution of sodium carbonate and colour of the solution even in this case had also turned from white to pink. Record of the case with regard to mutation was taken in possession vide memo (Ex.PM). Site plan was prepared and the nips were sent to FSL. On receipt of report (Ex.PF) of chemical examiner a report under Section 173 Cr.P.C. was presented. The accused faced trial under Sections 7 and 13(1)(d) read with Section 13(2) of the Act. To substantiate its case, the prosecution examined Varinder Kumar PW1, Suresh Kumar, Bill Clerk PW2, Jagir Singh Tehsil Assistant PW3, Gurnam Singh complainant PW4, Piara Singh, shadow witness, PW5, Constable Surjit Singh PW6, Dr. Hari Singh, Medical Officer, Civil Hospital, Phillaur PW7, Vipan Chaudhary, DSP Vigilance PW8 and Pushkar Sandal, DSP Vigilance Bureau, Jalandhar PW9.
(3.) WHEN incriminating material and evidence appearing against the accused were put to him, he took up a defence which, in his own words, reads as under: - "I am innocent. The mother of the complainant Gurnam Singh had made an application for entering the mutation in her name in respect of the estate of her. On receipt of the application from the Tehsildar, I had entered the mutation in the mutation register. Tehsildar came to the village on 27.3.2000 and on that date the mutation was presented before the Tehsildar along with the complainant and Numberdar for being sanctioned but on that date, the Tehsildar had sanctioned only three mutations and then had to leave for some urgent work. As such the mutation of the complainant could not be sanctioned. The complainant was told that the same would be got sanctioned on the next visit of the Tehsildar but the complainant was insisting that it be got sanctioned by producing the same before the Tehsildar at Jalandhar. Thereafter, I told to Gurnam Singh that it is not possible to produce the mutation before Tehsildar at Jalandhar. Thus, he got annoyed with me. On the date of raid, the complainant came to my office and called me outside the office and when I went out of my office, the complainant forcibly put some money in my side pocket despite resistance by me and immediately thereafter, I was over powered by the vigilance police. I was then taken inside my office and was falsely implicated in this case. The police concocted the evidence regard hand wash and pocket wash. I had neither demanded nor had accepted any illegal gratification from the complainant.";