Judgment

P. JAGANMOHAN REDDY, J.:- This Appeal is by Special leave against the Judgment of the High Court of Punjab and Haryana confirming the conviction of the accused under Section 5(1) (c ) of the Prevention of Corruption Act 1947 as also the sentence awarded by the Sessions Judge of one year s Rigorous Imprisonment and a fine of Rs. 2500/-, in default six month s Rigorous Imprisonment.

2. That facts of the case in brief are that in view of the Chinese Invasion Air Field at Sirsa required to be extended for which purpose the Ministry of Defence, Government of India took steps to acquire some lands of agriculturists pursuant to which a Notification dated November 27, 1962 was issued under Section 4 of the Land Acquisition Act 1894 for acquiring 51.79 acres of land situated in the State of Ahmedpur. On the next day another Notification was issued under section 6 of the Land Acquisition Act on November 28, 1962 and in view of the emergency action under Section 17 was taken for obtaining possession of the land with a view to its development. The lands which were acquired belonged to several land holders including Moti Ram and P. W. 12 Kewal Chand. The Collector gave his award on 26-2-63 (Ex. P 26) in respect of these lands which actually measured 49.47 acres, at Rs. 1350/- per acre amounting to Rs. 66784.50p. Apart from this amount compensation was also awarded for standing crop amounting to Rs. 11073.13 P.

3. Before the land was actually acquired the Appellant who was a Major in the Military Engineering Service was working as a Garrison Engineer and was incharge of the extension. He had in anticipation of acquisition and execution of the work appointed A. B. Ranadive, P. W. 14 as Assistant Garrison Engineer who was to be responsible for all the matters connected with the acquisition of land, demarcation of boundaries as an Engineer Incharge for execution of the contract and responsible for the maintenance of the Air Field. The work of the extension of Aerodrome was entrusted to one Telu Ram, P. W. 8 Contractor, with whom the M. E. S. Department entered into an agreement on December 3, 1962. This agreement was signed both by the Appellant and P, W. 14. The work according to that agreement was to be done in 2 phases: first phase was to commence on 10th January 1963 and was to be completed by 9th October, 1963. After the completion of the first phase the second phase was to start on 10th October, 1963 and completed by 9th May 1964. Pursuant to this agreement it is said that symbolic possession of the land which was acquired was taken over by the Tehsildar on 1st February, 1963, after which at any rate it appears from Ex. P. 24 that actual possession of this land was handed over by the said Tehsildar on 13th February 1963 to the Appellant. The receipt Ex. P. 24 bears the signature of N. L. Handa, the Tehsildar and of Sukhchain Lal Jain P. W. 11 on behalf of the Military Estate Officer and the Appellant. From this receipt it is evident that possession of 50.12 acres was handed over by the Tehsildar and taken over by the Appellant and the Military Estate Officer Sukhchain Lal Jain.

4. The case of the prosecution initially was that after the land so acquired with the standing crop was taken possession of by the Appellant he sold the crop to Moti Ram and Kewal Chand for Rs. 2500/- and facilitated the cutting and taking away of the crop by postponing the handing over of the possession to the contractor till the 5th April 1963 and misappropitiated the money. In respect of this allegation the First Information Report (Ex. P. 29) was issued on 14-1-64 in which the following statement is relevant:

"It is alleged that Major Som Nath accused who is a Garrison Engineer Sirsa Air Field subsequently sometime in the months of March and April 1963 permitted the removal of the standing crop valued at Rs. 11073.13 by Shri Moti Ram and Kewal Chand etc, after accepting illegal gratification of Rs. 3000/- from them. Major Som Nath did not account for this