VINEY MITTAL, J. - (1.)THE present appeal has been filed by Chander Bhan (since dead) challenging his conviction under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 read with Section 161 of the Indian Penal Code, 1861.
(2.)AS per the prosecution version, Babu Singh who is a resident of village Malla was to take loan from the bank for the installation of tube-well and for that purpose he required a copy of the jamabandi. Accused Chander Bhan was posted as Patwari. Babu Singh went to the appellant and requested for the supply of copy of jamabandi and as per the prosecution, the appellant demanded Rs. 300/- as bribe from the complainant. The complainant Babu Singh claimed that he was a poor man and could afford to pay only Rs. 150/-. On next date, i.e. April 23, 1998 Babu Singh complainant tried to make complete efforts to get the copy of jamabandi but the appellant Chander Bhan insisted upon the payment demanded by him. Upon this, Babu Singh approached the Vigilance Inspector, Faridkot and narrated the whole incident. Babu Singh produced one currency note of Rs. 100/- and one currency note of Rs. 50/- before the Vigilance Inspector and asked him to take action. As per the detailed version given by the prosecution, a police party was constituted whereby it was agreed that Babu Singh would go and make payment of Rs. 150/- to the appellant and Balwinder Singh was to act as a shadow witness and was to hear the talk of Babu Singh and Chander Bhan. After the currency notes had passed hands, Balwinder Singh was required to give a signal. Accordingly, the raiding party reached village Wara Bhai Ke and Babu Singh went ahead and paid Rs. 150/- as bribe to the appellant. A signal was given by Balwinder Singh and the currency notes were recovered from Chander Bhan appellant. A solution of the Sodium Carbonate power was prepared and the hands of the appellant were got washed with the same. The colour of the solution turned pink. The numbers of the same were compared with the numbers of the notes given to Babu Singh complainant and the same tallied. After investigation, the challan was presented and the appellant Chander Bhan was ultimately convicted for the commission of the offence as aforesaid and sentenced to undergo rigorous imprisonment for a period of one year and six months and to pay a fine of Rs. 500/-.
The present appeal has been filed by Chander Bhan appellant assailing the order of aforesaid conviction and sentence passed by the learned Special Judge, Faridkot. As noticed by me above, the aforesaid appellant Chander Bhan has since died. His son Prem Kumar has been brought on record to pursue the present appeal under the provisions of Section 394 of the Code of Criminal Procedure, 1973.

(3.)I have heard Shri H.S. Gill, the learned senior counsel appearing for the appellant and Shri Sandeep Jain, the learned Assistant Advocate General, Punjab for the respondent and with their assistance have also gone through the record.