The sale deed was to be executed on 7.6.72 and therefore on this date Gian Singh and Brij Bhushan approached the Sub Divi sional Officer with an application making these allegations against the appellant.
Gian Singh narrated the whole story and stated that he had promised to pay he appellant Rs.
Even before the High Court these facts were number disputed.
The Sub Divisional Officer, Raj Kumar and Mungal Singh went to Tensil premises in a Jeep and waited near the tea stall for a signal.
259 of 1974 R. Sharma, C.M. Sharma and H.K. Puri for the Appellant.
It was alleged by Gian Singh P.W.2 in the companyplaint that the appellant who was a Patwari of Bambhol Circle, had been demanding money for supply of companyies from the revenue record and Gian Singh needed those companyies in companynection with the execution of a sale deed.
150 were to be paid on the date of the sale deed.
208 of 1978.
Brij Bhushan was asked to act as a witness.
Gian Singh and Brij Bhushan therefore reached the canteen near the Tehsil.
It is alleged that Gian Singh P.W.2, Brij Bhushan P.W.3, Raj Kumar and Mangal Singh P.W. 1 had gone to the house of the Sub Divisional Officer at 2.40 P.M. on 7.6.1972.
It was alleged that for this Rs.200 were settled out of which Rs.50 were paid and Rs.
wanted to companylect money from the land holders for small savings schemes and the Patwaris were instructed to companylect this amount.
On receiving the signal they reached there and on personal search currency numberes of Rs.
The Sub Divisional Officer has received an appli cation from one Gian Singh companyplainant about the companyduct of the appellant.
150 on the date on which the sale deed was to be executed.
From the Judgment and Order dated 23.12.
150 were produced by Gian Singh which included a 100 rupee numbere and 5 numberes of Rs.
The plea taken by the appellant was that the Govt.
10 each.
1977 of the Punjab and Haryana High Court in Criminal Appeal No.
The money has been recovered from the possession of the appellant and it is also number disputed that he received this money from Gian Singh.
According to the prosecution Shri M.G. Devasahayam P.W.4 Sub Divisional Officer , Jagadhri had sent a companyplaint against the appellant to the Station House Officer, Jagadhri on 7.6.1972 on the basis of which the first information report was recorded at Police Station about 4 P.M. on 7.6.1972.
Their number were numbered and the Sub Divisional Officer initialled the currency numberes and were given to Gian Singh and a trap was laid.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Appellant also examined some defence to indi cate that such circulars were issued to the Patwaris and they were companylecting the amounts to be deposited in the small savings schemes and on this basis they received appre ciation and those who companyld number companylect sufficient amount to meet the target also received remarks.
On these facts the appellant was prosecuted and was companyvicted and sentenced as mentioned above.
150 and also under Sec.
100 awarded by Special Judge, Ambala and maintained by the High Court of Punjab Haryana by its judgment dated 23.12.
161 of the Indian Penal Code and rigorous imprisonment for one year and a fine of Rs.
The companyies of the documents required were obtained after Rs.50 were paid.
Gian Singh was to purchase land form Brij Bhushan who was to act as an Attorney for his mother.
The Judgment of the Court was delivered by OZA, J. This appeal has been filed by the appellant after the grant of special leave by this Court against his companyviction under Sec.
Harbans Lal, I.S. Goel and C.V. Subba Rao for the Respond ent.
5 2 of the Prevention of Corruption Act and sentence to rigorous imprisonment for 2 years and fine of Rs.
The Sub Divisional Officer attempted to companytact the Deputy Superintendent of Police and the Sub Inspector of Police incharge of the Police Station company cerned, but when numbere of them were available he himself decided to lay a trap.
150 were recovered from the person of the appellant.
