PW 2 had stated in her examination in chief that she apprehended that appellant wanted illegal gratification and for that reason he was number recording the change in Khasra Girdawaris in favour of her mother.
She apprehended that he wanted illegal gratification and for that reason, he was number recording the change of girdawari in the name of her mother.
400/ rupees four hundred for making the requisite changes, in the presence of Gurmej Singh, a taxi driver, whose taxi had been engaged by Sat Pal Kaur while visiting the appellant.
She further volunteered, it is my humble request to the Court that the Court should also accept the apology of the accused who has got small children to maintain.
Out of these material witnesses, PW 2 and PW 4 both were declared hostile and were cross examined by the public prosecutor.
After companyclusion of the trap, the appellant was arrested and a case was registered with the Police Station Chachhrauli.
The special Judge, Ambala, by order dated 30.01.1988 companyvicted and sentenced the appellant under Section 161 of the IPC to undergo rigorous imprisonment for three years and under Section 5 2 of the Act to undergo rigorous imprisonment for four years and to pay a fine of Rs.1,000/ .
She had companytacted the police thereafter.
PA was forwarded by her through her servant to the Tehsildar.
Sat Pal Kaur PW 2 , Rajiv Sharma PW 3 , Gurmej Singh PW 4 , Daya Singh PW 5 , Subhash Chander Patwari PW 6 , Shiv Dayal Reader PW 7 , Prem Bihari Lal PW 8 , Ram Chander, ASI PW 9 , Shri S.K. Joshi PW 10 and Shri Hari Ram, DSP PW 11 and closed its evidence.
Her daughter, namely, Sat Pal Kaur was informed during 1986 that Khasra Girdawaris of Pritam Kaurs land had been recorded in the name of Jit Singh and others as tenants by the previous Patwari.
PC was recovered by DSP PW 11 vide memo Ex.
400/ from her in the presence of Gumrej Singh.
from the Police Station, Chachhrauli.
P4 were recovered from the front pocket of the shirt, which the accused was wearing.
Sat Pal Kaur took up the matter with those tenants who admitted that the Khasra Girdawaris has been wrongly recorded by the Ex Patwari in their favour.
Accused was found sitting in the Patwar khana and his person was searched by the DSP in his presence and currency numberes Ex.
He has searched Smt.
In the cross examination, she also stated that earlier to the day of the raid, Banarsi Dass has demanded Rs.
She had visited Patwar khana, where Banarsi Dass was present and placed Rs.
Gurmej Singh visited the Police Station in the afternoon and companyplained that Shri Banarsi Dass Patwari Halqa has demanded Rs.
Sat Pal Kaur companytacted the village Patwari appellant herein in the Kharif season for recording Khasra Girdawaris in favour of her mother during the period of October, 1986.
In her cross examination, it has also been stated that when she placed Rs.
She took Rs.
She also admitted that Gurmej Singh was number present when Banarsi Dass accused had made a demand of illegal gratification of Rs.
100/ each and the same were signed both by Hari Singh, DSP and S.K. Joshi, Sub divisional Executive Magistrate.
900/ rupees nine hundred but that deal was struck at Rs.
Mr. S.K.Joshi PW 10 can also be companysidered as a witness of recovery as currencynotes handed over to Smt.
She had companytacted Banarsi Dass and requested him to change the said girdawari in her mothers name, who told her that he will do so at the time of recording of khasra girdawari in the next season.
They rushed to the spot in a jeep that was parked at some distance from Patwar khana.
PW 2 further stated that she had learnt from companyvillagers that Rs.300 400/ as reward was to be given for such a job.
P1 to Ex.
The companyplainant companyplained to them about the appellant demanding bribe from her for companyrecting the Khasra Girdawaris in the name of the mother of PW 2.
The Court framed charges on both these offences and the appellant was put to trial.
She was declared a hostile witness.
The tenants had raised numberobjection and that application was also found on the table of the appellant in Patwar khana which was taken into possession.
Sat Pal Kaur after being signed by PW 10 and PW 11 vide memo Ex.
was prepared.
It is apparent that PW 10 and PW 11 were number present in the Patwar khana when the money was demanded and accepted by the appellant.
She also obtained numberobjection on the application moved by her mother which was submitted to the Tehsildar Chachhrauli.
They went to Patwari of Chachhrauli.
400/ .
The above findings recorded by the High Court show that the Court relied upon the statements of PW 10 and PW 11.
She further volunteered that it is her humble request to the Court that the Court should also accept the apology of the accused.
A trap was planned.
In furtherance to which PW 2 had gone to the Patwar khana and gave Rs.
400/ the signed numberes of Rs.100/ each upon which the Gurmej Singh was supposed to have informed the police, about the acceptance of money by the appellant.
The DSP had prepared memo Ex PC which was signed by him.
83 SB of 1988 in the High Court of Punjab Haryana at Chandigarh.
Thereafter, the police came to the spot and recovered the money from the front left pocket of the appellants shirt.
900/ only was demanded by the accused from PW 2 in his presence and that the money was accepted in the Patwar khana by the accused.
These were taken into possession vide memo Ex.
The said application Ex.
On actual search of the appellant, four currency numberes duly signed by the officers were recovered from the front left pocket of the shirt.
The search of the appellant was companyducted by the police and money was recovered Ex.
The tainted numberes, shirt and even the money otherwise recovered from the pocket of the appellant were taken into custody vide these exhibits.
The application was moved for the purposes of incorporating the necessary changes at the time of the next Khasra Girdawaris in the companying season.
when the recovery was made by the police from the appellant accused, somebody must have informed the police about the handing of the bribe and Gurmej Singh was the only person.
So, if merely shadow witness had turned hostile, accused appellant cannot be acquitted.
The prosecution in support of its case examined Tara Chand Pawar PW 1 , Smt.
PC and PD, there was sufficient evidence to record the finding of guilt against the accused.
When the appellant was examined under Section 313 of Criminal Procedure Code, 1973 for short the Cr.
It is further numbericed that recovery of currency numberes Ex.
P.C. , he denied the allegations leveled against him and claimed to be innocent.
Feeling aggrieved by this order, the appellant filed Criminal Appeal No.
The prosecution primarily relied on the two witnesses PW 2 and PW 4 respectively who were declared hostile.
400/ on his table.
Shri S.K. Joshi, Sub Divisional Magistrate, Kalka has appeared as PW10.
Leave to that effect was granted by the Court.
400/ to the accused for recording girdwari of the current crop in favour of the mother.
900/ .
It is further the case of the prosecution that the appellant demanded illegal gratification of Rs.
P4 for which memo Ex.
She also stated that she had signed the memos but she did number read them as she was quite puzzled.
Sat Pal Kaur companytacted Shri Hari Singh, Deputy Superintendent of Police, Jagadhri at Bilaspur where Shri S.K. Joshi, Sub Divisional Executive Magistrar, Jagadhri, was also present.
900/ for the companyrection of Khasra girdawari.
It is companyrect that accused Banarsi Dass had apologized to me and I have accepted his apology.
Sat Pal Kaur and Gurmej Singh went to Police Station Chachrauli and then went to Patwar khana.
She companytacted the Police and informed them about the matter.
Sat Pal Kaur accompanied by Gurmej Singh left for Patwar khana which was about one km.
After receiving message, they raided Patwar khana.
In the meantime, police party came and seized that money.
Thereafter, she proceeded to state that she had paid a sum of Rs.
Gurmej Singh was directed to companye to the Police Station in case the accused accepted the money.
The money was given to the appellant and accordingly Gurmej Singh reported the matter to Shri Hari Singh, DSP and Shri S.K. Joshi at the Police Station.
P1 to Ex.
To establish the charge against the appellant accused, the prosecution in relation to the demand and receipt of the illegal gratification, had examined mainly four witnesses Sat Pal Kaur PW 2 , Gurmej Singh PW 4 , S.K. Joshi PW 10 and Hari Singh PW 11 .
The police party was sitting in the Thana.
P 1 to P 4 from the shirt pocket of the accused, examined in light of Ex.
Shri Hari Singh recorded the statement of Sat Pal Kaur and made search of her person and after the search, Rs.400/ , which were signed by him and Shri Hari Singh, were given to her.
Sat Pal Kaur has clearly stated that accused has informed her that Girdawari of her mothers land had been recorded in the name of Jit Singh and others as tenants.
Her statement was recorded.
She reported the matter.
Hari Singh also supported the same.
Certainly the prosecution can rely upon the statements of these witnesses and list their depositions made before the Court by having those statements companyroborated or companytradicted, as the case may be, by their earlier statements recorded under Section 161 of the I.P.C. At this stage, the finding recorded by the High Court can usefully be referred to PW 2 Smt.
PD in the presence of Sat Pal Kaur PW 2 and Shri S.K. Joshi, PW 10.
400/ duly signed by the said officers to pay as gratification to the Patwari.
She admitted that it is companyrect that Banarsi Dass accused has apologized from her and she had accepted his apology.
After companypletion of the investigation, a challan regarding companymission of offence under Section 161 of the IPC and under Section 5 2 of the Act was filed before the Court of companypetent jurisdiction.
She had companytacted Jit Singh and others and obtained numberobjection from them.
She also produced four currency numberes of the denomination of Rs.
She was companyfronted with her statement EX.PB recorded under Section 161 of the IPC wherein she had stated that Banarsi Dass had demanded illegal gratification of Rs.
Witnesses PW 10 and PW 11 are the Senior Officers of the Administration and the Police.
Satpal Kaur and her driver.
They were told by the officers that on demand she should hand over the money and once money was accepted she should inform the Police Station and the trap was accordingly planned.
He along with DSP, Smt.
Recovery memo for the same was prepared.
The High Court by order dated 20.11.2002 dismissed the appeal holding that the appellant was rightly companyvicted.
Gurmej Singh PW 4 companypletely denied the incident and refused to acknowledge that the sum of Rs.
