BHAGWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana affirming the conviction of the appellant under Section 165-A, Indian Penal Code.

(2.) The facts briefly are that the appellant, Bhagwan Singh, is a C.I.D. police constable and would be naturally familiar with Head Constable, Jagat Singh (P.W.1). Jagat Singh had detected a case under Section 411, I.P.C. on April 25, 1968. In that case one Rameshwar Das of Ambala City was arrested by Jagat Singh at Murthal Bus Stand after searching his person and recovering from him 20 gold coins and 47 gold bangles weighing 101 tolas. Rameshwar Dass was produced in Court on April 27, 1968 and was remanded to judicial custody till April 29. In order to help Rameshwar Dass, Om Parkash and Sulekh Chand, who were co-accused with the appellant (since acquitted), apparently took the help of the appellant to approach Jagat Singh to save Reameshwar Dass from the criminal case. The appellant suggested to Jagat Singh to substitute the seized gold coins by 20 other gold coins which he would be supplied with and if he would do that he would be paid Rs. 1,000/- for this help in the criminal case. When this was proposed to Jagat Singh, the other two accused were with him. At first Jagat Singh refused to accede to this unusual request but later on asked him to see him at Dogra Hotel the same day at 5.30 P.M.

(3.) While Jagat Singh gave that hope to the appellant and the two co-accused, the former also immediately approached the Deputy Superintendent of Police, Gurbhaksh Singh (P.W. 6) and informed him about this matter. The D.S.P. recorded his statement which is marked as Ext. P-A. The D.S.P. sent for the Station House Officer of the Police Station, Sonepat, and directed him to go to the Dogra Hotel and arrange for the detection of the crime. Jagat Singh was also directed to go to the Hotel and meet the appellant and others as previously suggested by him. The D. S. P. along with the Sub-Inspector, Ram Singh (P. W. 4), waited in a shop near the Dogra Hotel and after the appellant had passed the money to Jagat Singh a signal, as arranged, was given on which the raiding party rushed to the Hotel and found Jagat Singh and the appellant sitting on a table facing each other. At that time currency notes of the value of Rupees 1000/- were in the hands of Jagat Singh and these were taken possession of by the police and on search of the appellant 20 gold coins having hook-marks were recovered from his pocket.