S.S. Dewan, J. - (1.) THIS is an appeal filed by Chanan Ram. It is directed against the judgment of Shri A. L. Bahri, Special Judge (Additional Sessions Judge), Patiala, dated 30th January, 1974, by which the Appellant has been convicted under Section 161 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 6 months and to pay Rs. 1,000 as fine and in default of payment of fine to further undergo rigorous imprisonment for 3 months.
(2.) BRIEFLY stated the facts of the present case are as under: Balbir Singh had applied for copies of mutations in the Copying Agency of the Deputy Commissioner's office, Patiala, through Shri Krishan Behari Lal, Advocate. He was given several dates by the office but the copies were not delivered. Exhibit P. C. is the chit issued by the office indicating dates. On 1st October, 1971, Balbir Singh approached the Appellant at about 1.00 P.M., and asked for the copies. He told Balbir Singh that only two copies were ready but he could not supply the same unless he gave him Rs 10 as bribe. As Balbir (Singh did not want to pay him the bribe, he went to the office of the Inspector Vigilance, Shamsher Singh and made statement (Exhibit PD) before him. He offered a currency note of Rs 10 to the Inspector who applied phenolphthalein powder to that currency note and returned the same to Balbir Singh. The Inspector gave demonstration by applying the same powder to a piece of paper and dipping it in a glass of water. The colour of water turned pink. Memos. (Exhibit PE and PF) in that respect were prepared. The details of the trap to be laid were chalked out. It was settled that Balbir Singh would hand over the currency note to the Appellant in his office and Surinderjit Singh would be there as a shadow witness. In the execution of the plan for entrapping the Appellant as devised above, Balbir Singh is said to have given the currency note of Rs 10 (Exhibit P. 1) to the Appellant. On receipt of the signal by Surinderjit Singh by placing his hand at the back of his head, the Vigilance Inspector Shamsher Singh apprehended the Appellant. He disclosed his identity to him and offered his search to Surinderjit Singh and Saradara Singh, P Ws. The Inspector then searched the person of the Appellant and recovered a sum of Rs. 73, including the currency note of Rs. 10 (Exhibit P. 1) from the pocket of his shirt. The tainted money and the shirt worn by the Appellant were taken into possession. His hands were washed in a glass of water and its colour turned pink. Memo. (Exhibit P.H.) was prepared in that respect. The Inspector took into possession copies of the mutations, Exhibits P.J. and P.K. The sanction (Exhibit P.A.) to prosecute the Appellant was obtained from the Financial Commissioner. After the completion of the investigation, the Appellant was challaned. In his statement under Section 342, Code of Criminal Procedure, the Appellant admitted having worked as a Record Clerk in the Record Room of the Deputy Commissioner's office, Patiala, on 1st October, 1971, but he gave his own version as under: I have been falsely implicated in the case. Balbir Singh came on me after 2 p.m. Upto lunch time Darshan Singh was working as Record Keeper. Balbir Singh showed me the chit that he wanted the copies for which he had earlier applied. I inspected the register and informed him that two copies were ready, but I could not deliver the copies since Darshan Singh had gone away. Thereupon Balbir Singh felt annoyed and said that he had been harassed. He had visited the office thrice earlier. I asked him that Darshan Singh will deliver the copies to him or he should approach the Incharge. Thereafter Balbir Singh came after about 45 minutes and demanded the copies from me. I asked him that he had just quarrelled with me and he had again come. He threw the currency note of Rs 10 on my table which I picked up and threw it on his face. After sometime the police came and I was taken to the office of Inspector Vigilance and involved in the present case falsely.
(3.) IN defence, the Appellant examined Gurbachan Singh (D.W. 1), On Parkash (D.W. 2) and Rajinder Singh (D.W: 3) and produced documents, Exhibits D. 1 to D. 8.;