Shashi Pal Singh vs State of Punjab

A.P. Chowdhri, J.

Shashi Pal Singh (30), a Revenue Patwari posted in Kaunturpura Patwar Circle was convicted under section 5(1)(d), read with section 5(2) of the Prevention of Corruption Act, 1 947 and sentenced to rigorous Imprisonment for one year and a fine of Rs. 500/ In default of payment of fine he was further sentenced to three months rigorous imprisonment. He was also convicted under section 161, Indian Penal Code and sentenced to rigorous imprisonment for one year and a line of Rs. 200/. In default of payment of fine he was further sentenced to rigorous imprisonment for two months. Both the sentences were made to run concurrently by the learned Special Judge, Gurdaspur. The present appeal is directed against the said conviction and order.

Briefly the facts of the case are that. Ishar Dass, PWI approached the accused on 12121994 for obtaining copies Of Jamabandi and Khasra Girdawari in connection with a case for ejectment Of agricultural land filed against him by Harbans Singh etc. under whom he had been a tenant for the last 35 years or so. The accused demanded a bribe of Rs. 50/ for supplying him the copies. As the complainant did not have the money with him, the accused told him that he could contact him in a day or two. on 14121984, Ishar Dass, PWI appeared before Dharm Singh, Inspector Vigilance Bureau, Pathankot in his office. He stated about the demand of bribe and that he did/not want to pay the same. The Inspector Vigilance summoned two persons through a constable. They were Chaman Lal, PW3 and Raj Pal Nanda, PW5. Chaman Lal is a rickshawpuller and Raj Pal Nanda is a Field Assistant, Statistical and Planning Department, Gurdas pur. The Inspector Vigilance recorded statement. Exhibit PA, of Ishar Dass and forwarded the same vide endorsement Exhibit PA/1 for registration of a case against the accused. Formal FIR Exhibit PA/2 was entered on the basis of the said statement. Ishar Dass, PW11 produced three currency notestwo currency notes of the denomination of Rs. 20/ and one currency note of Rs. 10/ Inspector Vigilance put his initials on those currency notes, Exhibit P1 to P3. Ishar Dass was asked to empty his pockets, by handing over any cash or other articles to Chaman Lal, PW3. The currency notes Exhibits P1 to P3 were treated with phenol phthalein powder and were handed over to Ishar Dass under memo. Exhibit PB, Ishar Dass was instructed to go to the accused and to hand over those currency notes on demand. He was also instructed not to shake. hands with the accused. Chaman Lal, PW3, was asked to accompany closely behind. Ishar Dass and to act as a shadow witness. The raiding party went to village Mirthal by a car which was parked near petrol pump at a distance of about 100 yards front the Patwar Khana. Ishar Dass accompanied by Chaman Lal, PW3, proceeded to the Patwar Khana. The accused was found sitting in the courtyard in front of the Patwar Khana. The accused asked the complainant whether he had brought the bribe money. Ishar Dass nodded. The accused then demanded the bribe money from him Ishar Dass accordingly gave him the said three currency notes which were received by the accused in his right hand. The accused placed those currency notes in an almirah, in the room of the Patwar Khana in which some record was lying. After the accused had kept the money in the almirah, Ishar Dass gave the prearranged signal which was in turn relayed by Chaman Lal PW3 and the raiding party reached the spot. Inspector Vigilance disclosed his identity and asked the accused to produce the bribe money received by him. The accused produced the currency notes from the record lying in the almirah from amongst papers Exhibit P6 and P7. These were the same currency notes which has been handed over to Ishar Dass to be passed on to the accused on demand of bribe. A weak solution of Sodium Carbonate was prepared and the accused was asked to dip his fingers therein. The colour of the solution turned pinkish. The contents of the glass were transferred into a phial and sealed. In another glass fresh solution of Sodium Carbonate was prepared. The papers in which the currency notes had been recovered were dipped in the solution, which became pink. That solution was also transfered into phial and sealed. Personal search of the accused yielded Rs. 43/ the form of notes of various denominations, besides a pen. The investigating Officer took into possession some revenue record including Khasra Girdawari. Receipt Book Register Ujrat (copying fee) and Roznamcha Waqiat under Memo. Exhibit PIC. The phials were sent to the Director, Forensic Science Laboratory and vide report Exhibit PK, the same were found to contain sodium ions, carbonate ions and phelophthatein. After obtaining sanction from District Collector, Gurdaspur, the accused was prosecuted for the said, offence.

At the trial, the prosecution examined the complainant Ishar Dass, PW, 1, Chaman Lal. PW3, a shadow witness. Rai Pal Nanda, PW8 and Sh. Dharm Singh, Investigating Officer, PW6. Mani Lal, Sadar Kanungo in the office of Deputy Commissioner, Gurdaspur, PW2. stated he basis of record that the accused was appointed as a Revenue Patwari on ad hoc basis on 18.7.1982 and was posted as such in Kaunturpura Circle on 14.12.1984. He also proved the sanction order, Exhibit PE, signed by the District Collector, who was the appointing authority of the accused. Report of the Forensic Science Laboratory, Exhibit PA, was tendered in evidence.

Except Chaman Lal, PW3, who turned hostile and was allowed to be cross examined by the prosecution, the witnesses supported the version set out above.

The plea of the accused was one of denial and false implication The accused examined one of his landlords Harbans Singh, DW1 and Sh. Hem Raj Khosla, Demonstrator in Chemistry, S.D. College, Pathankot, DW2, in defence.

The learned Special Judge believed the prosecution version and convicted and sentenced the accused. Hence this appeal.

The first contention of learned counsel for the appellant is that the alleged demand made by the accused has not been proved in this case. In this. connection, learned counsel pointed out that there was the solitary statement of Ishar Dass, PW1, on this point, Ishar Dass being an accomplice, his statement was required to be corroborated in material particulars before being accepted. Reliance was placed on Panalal Damodar Rathi v. State of Maharashtra, 1985 Supreme Court Cases (Crl.) 121; Mohinder Singh v. The State of Punjab, 1984(2) Recent C.R. 279 and Tarlok Singh v. The State of Punjab, 1983(1) Recent CA. 382.

The argument was rejected by the learned Special Judge with the observation that going by ordinary course of human conduct, no person would demand a bribe in the presence of others. No exception can be taken to the observation made by the learned Special Judge. Corroboration need not be in the form of the statement of another witness or Witnesses. Corroboration can be in any form. In the present case, the complainant Ishar Dass, PWI followed up the alleged demand of bribe by reporting the matter to Inspector Vigilance and by associating with him and other members of the raiding party in carrying out a raid on the accused. This, in my view, corroborated the story that the accused had demanded bribe from him two days earlier. This has to be viewed in the context that it would be a very different thing if the complainant had simply made the allegation and it was for the Court to decide whether the statement of the complainant regarding the alleged demand could be relied upon to make out the offence of demanding illegal gratification. In appreciating the evidence of Ishar Dass and of other witnesses, the rule of caution has been kept in mind by the learned trial Court and as well as by me while deciding the appeal. A careful perusal of the statement of Chaman Lal, P.W., also show, that he has admitted several facts which are only consistent with the inference supporting the prosecution story and in that sense the statement of Chaman Lal furnishes corroboration to the prosecution case. Even though Chaman Lal was declared hostile, his evidence is not destroyed altogether and it can be made use of both by the prosecution as well as the accused. This is what he said in his examination in chief "I did not see currency notes PI to P3 being passed on by Ishar Dass to the accused, but this much I did see that Ishar Dass had taken out currency notes from his pocket and shaken hands with the accused. After they had shaken hands they clinched their fist. I cannot say whether accused had or had not accepted the bribemoney." From the evidence on record there is no doubt that Ishar Dass was carrying the treated currency notes. There is also no doubt that the currency notes were recovered at the instance of the accused from fitting in the Patwarkhana; that the currency the almirah lying notes so recovered were the same which had been handed over to Ishar Dass to be passed on as bribe money. A further fact which cannot be easily disputed is that the accused must have handled those currency notes because phelonphthalein powder was found on his right hand. It was expressly stated by Chaman Lal, P.W.3, that he saw Ishar Dass PW1 taking out the currency notes from his pocket before shaking hands with the accused. He also saw the accused clinching his fist which is normally required to be done if the person wants to hold something in his hand. It does not, therefore, in the facts of the case matter that Chaman Lal failed to say that the currency notes were passed on to and accepted by the accused. The facts deposed by him add up to the same thing.

For the reasons discussed above, in my view, the demand of bribe stands proved beyond any reasonable doubt.

The next contention of the learned counsel for the appellant is that the prosecution should have associated really independent and respectable witnesses in order to satisfy the mind of the Court. In this connection he submitted that Chaman Lal was a mere rickshawpuller and Raj Pal Nanda, being a government servant was not altogether free from police influence and thus the Inspector Vigilance failed to associate really independent and respectable witnesses in the raid. I am not impressed by the argument. There is nothing in the crossexamination to show that either Chaman Lal or Raj Pal Nand were known to the complainant or in any way under the influence of Inspector Vigilance. It is wellknown that people in general are reluctant to associate themselves with any raid carried out by the police. Unfortunately, we lack awareness of our duty to the larger interest of the society and people avoid becoming witnesses because in the bargain they have to incur enmity of the person raided and suffer the inconvenience of appearing as witnesses and exposing themselves to crossexamination. The mere fact that Raj Pal Nand was an Assistant in a Government office is no reason to believe that he was under the influence of the Inspector Vigilance. Nothing has been brought to my notice which would justify rejecting the evidence of these two witnesses as being either not independent or not respectable. In the nature of things, it is not possible to lay down any standard of independence or respectability. In the absence of any material justifying a contrary inference, the only safe course is to proceed on the assumption that the witness in question is independent as well as respectable. The prosecution case cannot therefore be thrown out on the vague and general contention raised by the learned counsel that the witnesses associated with the raiding party were not independent or respectable.

The next contention of the learned counsel is that almirah from which the recovery was made was lying open in the room which too was lying open and therefore, it was possible for Ishar Dass to have put currency notes in the almirah and the accused must be given benefit of doubt on this score. No doubt, the almirah was lying open and the room in which the almirah was placed was also not locked, but perusal of the site plan, Exhibit P.G shows that the open courtyard was situated in front of the only door of that room where the accused along with 1015 other persons was present besides two other Patwaris. It follows that, anyone entering the room would be seen by those present outside. In the month of December when it is cold and the accused and others were basking in the sun, it would naturally make anyone curious as to why a person was entering the room when none was sitting inside. In that sense, it could not be said that the almirah was easily accessible. Moreover, taking this view could not explain how phenolpthlein powder came on the hand of the accused. No doubt, Chaman Lal, P.W. 3 stated that the complainant Ishar Dass, PW1 shook hand with the Patwari, I am not prepared to believe the said witness on this point. A reading of his statement leaves the impression that while supporting the prosecution version in the main, he. has tried to help the accused by introducing the story that the complainant shook hand with the accused.The complainant had been specifically warned by Inspector Vigilance not to shake hands with the accused. It is against probability that an illiterate villager would shake hands with a Patwari, who in the villages is considered a very big and mighty officer. There was hardly any occasion for Ishar Dass to shake hand with the accused after he had passed on the money and was waiting for copies to be delivered to him as promised by the accused. It was neither an occasion when he first met the accused nor the occasion when he was deserting after meeting him. Usually, hands are shaken either when two persons meet or when they depart. Shaking of hands in between is there fore against probability The function of the Court is to judge the truth from the statements of the parties as well as other material by the well known yardstick of human probability.

Learned counsel next argued:, that Ishar Dass, PW1 was not a reliable witness for the reason that he did not know the precise nature of the case filed against him by Harbans Singh etc. In other words he did not know whether it was a case of ejectment or for recovery of rent. He did not know for which period he wanted copies and of which record. He had not consulted any counsel before making a demand for copies of the revenue record. There is no merit in this contention. It is not disputed that Ishar Dass, PWI is an illiterate villager. It cannot also be disputed that Harbans Singh etc. had filed proceedings before the Revenue Officer in connection with land in which Ishar Dass is a tenant. It is well known that in matters relating to agricultural land, the primary requirement of any lawyer is copy of the relevant Jamabandi and Khasra Girdawari, especially in a case relating to tenancy. The case had been filed at Pathankot at some distance from the village. Even the villagers have this much sense that before going to a lawyer, he must obtain copies of the revenue record. There is, nothing extraordinary in the illiterate villager placing his faith in the Patwari to give him copies which would meet the purpose. Any further documents, if required by the lawyer, could be obtained later. The fact, therefore. that Ishar Dass did not know precise details about the law filed by. Harbans Singh etc. is thus no reason to disbelieve the prosecution case.

After careful consideration and for the reasons mentioned above, I find no merit in the appeal, which is dismissed.