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2009 Supreme(SC) 127

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Surain Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Appellant :Manoj Prasad, Advocate.
For the Respondent:Kuldip Singh, R.K. Pandey, T.P. Mishra and H.S. Sandhu, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of Punjab and Haryana High Court upholding the conviction of the appellant for offence punishable under Section 13(2) of the Prevention of Corruption Act, 1988 (in short the ‘Act’). According to the prosecution version the appellant while working as a Patwari of Circle Gudher Dhandi had demanded illegal gratification of Rs.300/- for entering the mutation on the basis of a sale deed. Learned Special Judge, Ferozepur, by judgment dated 28.5.1996 had found him guilty and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/- with default stipulation.

3. Prosecution version in a nutshell is as follows: On 17.12.1990, Kehar Singh complainant approached the accused in his office situated near Baghi Hospital, Ferozepur, for entering the mutation in the names of his sons namely Wasakha Singh and Darshan Singh, on the basis of the sale deed relating to 4 kanals land purchased by them from one Ahama Ram son of Mohna Ram resident of Village Gudhar Dhandi for a consideration of Rs.10,000/-. The accused demanded a sum of Rs.400/- as







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