K.S.GAREWAL, J. - (1.) PARMOD Chander was posted as Naib Tehsildar, Bhadson. On February 14, 1997 there was a trap set up by DSP Pritpal Singh of Vigilance Bureau when he was caught red handed accepting Rs. 1000/- as bribe from Ishar Singh (PW-5) for attesting his Will. Parmod Chander was found guilty by learned Special Judge, Patiala on January 25, 2002 under Section 7 of the Prevention of Corruption Act and was sentenced to rigorous imprisonment for two years and to pay a fine of Rs. 5000/-, in default of payment of fine to further undergo rigorous imprisonment for three months. Parmod Chander has filed filed this appeal to challenge his conviction and sentence.
(2.) BRIEFLY stated the facts of the case were that Ishar Singh (PW-5) a farmer of Ghunder, Tehsil Nabha, was married to Amar Kaur and had two daughters but no son. In 1997 Ishar Singh wanted to execute a Will in favour of his wife. He met the appellant on February 13, 1997 at Bhadson. He was told by the appellant that a fee of Rs. 1500/- would be charged for attestation of the Will, this fee was later reduced to Rs. 1,000/- and Ishar Singh was asked to come on the following day. Ishar Singh returned to his village and met Saudagar Singh (PW-6) and told him what had transpired. Saudagar Singh advised him that Vigilance Police should be informed and the appellant should be trapped. On February 14, 1997 Ishar Singh (PW-5) and Saudagar Singh (PW-6) came to Patiala and met DSP Pritpal Singh (PW-7) of the Vigilance Bureau in the presence of Inspector Jaswant Singh (PW-8). The Investigating Officer heard Ishar Singh's story and then planned a raid in the usual way by putting phenolphthalein powder on 10 notes of Rs. 100/- each, giving a demonstration how this power changed colour when added to sodium carbonate water and then handed over the ten notes to Isher Singh. The party reached the Tehsil complex Bhadson. Isher Singh and Saudagar Singh went to the office of the appellant and handed over the Will to the appellant which was signed by the appellant. Thereafter, appellant demanded his fee and Rs. 1,000/- was handed over to him. Saudagar Singh then signalled the Vigilance Officials who reached the spot and nabbed Parmod Chander. The appellant's hands were washed in water and the colour turned pink. Thereafter, at the instance of DSP Pritpal Singh (PW-7), the appellant picked up Rs. 1000/- in 10 notes of Rs. 100/- each which were lying under a paper weight on his table and the numbers matched the numbers of the notes that Ishar Singh earlier had with him for payment of the bribe. Investigators arrested the appellant and completed the investigation. After obtaining sanction for prosecution, the appellant was sent up to face trial. At the trial, charge was framed against the appellant under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and under Section 7 of the same Act. Appellant pleaded not guilty and claim trial.
(3.) MAIN witnesses examined by the prosecution were Ishar Singh (PW-5), Saudagar Singh (PW-6), DSP Pritpal Singh (PW-7) and Inspector Jaswant Singh (PW-8).;