S.S. Dewan, J. - (1.) THIS is an appeal filed by Joginder Singh. It is directed against the judgment of Shri M.L. Mirchia, Special Judge (Additional Sessions Judge), Jullundur, dated 4th March, 1974, by which the appellant has been convicted under section 5 (2) read with section 5 (1) (d) of the Prevention of Corruption Act, 1947 and has been sentenced to rigorous imprisonment for one year and a fine of Rs. 500/ - or in default of payment of fine to undergo further rigorous imprisonment for three months. He also stands convicted under section 161 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. Both the substantive sentences have been made to run concurrently.
(2.) THE facts of the prosecution case are as under: - - Swaran Singh owned some land in village Nurmahal. He died leaving behind his widow Smt. Karmi, daughter Amarjit Kaur and son Dulla. Amarjit Kaur was married with Mohinder Singh (P.W. 5). She wanted the partition of the estate and with that end in view, on 1st July 1973, her husband Mohinder Singh, appellant, who has been posted as a Patwari at Nurmahal. He requested him that a copy of Jamabandi be given to him. The appellant demanded Rs. 50/ - from him for supplying him a copy of Jamabandi. Mohinder Singh again contacted him on 5th July 1973 in the Patwarkhana and enquired from him if the copy of the Jamabandi had been prepared. The appellant told him that the same was ready but his usual fee was Rs. 50/ -. On the following day, Mohinder Singh approached Shri Balwant Rai Sood, Vigilance Inspector (P. W. 9) and informed him that the appellant was demanding a bribe of Rs. 50/ - from him. He recorded his statement, Exhibit P. 6, to that effect and also drew up memo. Exhibit P. 7, pertaining to the handing over of 5 currency notes each of Rs. 10/ -, after applying phenolphthalien powder, to Mohinder Singh, giving the numbers and other particulars of the currency notes in the said memo. This memo was drawn up in the presence of Manraj Singh (P.W. 6). On the basis of the statement, Exhibit P. 6, of Mohinder Singh, the First Information Report, Exhibit P. 1, was registered at Police Station Nurmahal. According to the trap devised it was settled that the five currency notes of the denomination of Rs. 10/ - each would be delivered by Mohinder Singh to the appellant. Manraj Singh would accompany him as a shadow witness and Greesh Kumar (P.W. 7) and Shri Balwant Rai Sood would stand behind at some distance from the appellant and watch the signal of passing of the bribe. It is stated that Mohinder Singh handed over the treated five currency notes to the appellant in the lane while the latter was coming from the Patwarkhana. The appellant kept the tainted money in the left side pocket of his shirt. He gave copies of Jamabandi, Exhibits P. 4 and 5 to Mohinder Singh. Mohinder Singh save the pre -arranged signal and the Vigilance Inspector, Balwant Rai Sood caught hold of the appellant in front of the shop of Ram Murti, (P.W. 8). Balwant Rai Sood disclosed his identity to the appellant and offered his search to him and thereafter the Inspector searched the person of the appellant and recovered the treated five currency notes of the denomination of Rs. 10/ -each from the left side pocket of the shirt worn by him. He tallied the numbers of the currency notes with the numbers given in the Memo. Exhibit P. 7. The appellant was asked to dip his hands in the solution of Sodium carbonate and it turned pink. The bottle containing pink solution, Exhibit M.O. 1, and the currency notes, Exhibits M.O. 2 to M.O. 6, were taken into possession vide Memo., Exhibit P. 9. The Inspector prepared site plan. Exhibit P. 11 of the place of occurrence. He obtained sanction, Exhibit P. 2, for the prosecution of the appellant from Shri Ram Gopal, the then District Magistrate, Jullundur. After the completion of the investigation, the appellant was challaned.
(3.) IN his statement under section 342 of the Code of Criminal Procedure, the appellant admitted having worked as a Patwari, Halqa Nurmuhal during the days of this occurrence, but he gave his own version as under: - - I am innocent. Mohinder Singh has falsely involved me in a false case of bribe. He had grudge against me. Hansa son of Basanta had agreed to sell his share of the land to Malkiat Singh son of Bawa Singh. Mohinder Singh did not wish this sale to be implemented. I and Karnail Singh had arranged from the sale from Hansa to Malkiat Singh.;