UJAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused-appellant was allegedly apprehended while receiving a sum of Rs. 2000/-as illegal gratification from the complainant Gurnam Singh (herein referred as 'the complainant') and was prosecuted. Ultimately vide judgment dated 25.7.1998 passed by the learned Special Judge, Rupnagar, he was convicted and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 2000/-under Section 7.13 (2) of the Prevention of Corruption Act. He was also sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 1000/ under Sections 468/471/477 IPC on each count.

(2.) The complainant was the member of Malikpur Cooperative Agricultural Services Society. He was issued a pass book bearing No. 502 of the account No. 107/11. He had taken a loan ofRs.19980/-from the society. But, till the month of March , he had paid a sum of Rs. 25000/-in all to the society against proper receipt. Due to the lack of entries in the pass book, he approached the accused for making necessary entries regarding the return of the loan, however, the accused demanded Rs. 2000/ as illegal gratification for doing the needful. Being reluctant to pay the illegal gratification, the complainant approached Salinderjit Singh and then they both went to the office of Inspector Sukhwinder Singh, Vigilance Bureau, Ropar. A raid was organized. He handed over 20 currency notes of the denomination of Rs. 100/-each. The Investigating Officer recorded his statement Ex.PA and sent the same to the police station. He also recorded numbers of the currency notes in the separate memo. After treating the currency notes with phenolphthalein powder, returned the same to the complainant vide memo Ex.P1. After joining Kuldeep Singh, Sr. Assistant Office of Animal, Husbandry, Ropar, proceeded towards the office of the Cooperative Society. Salinderjit Singh Sarpanch had been nominated to act as a shadow witness.

(3.) As planned, the complainant along with Salinderjit Singh went in the room where the accused was sitting and on demand, the complainant handed over a sum of Rs. 2000/- whereupon Saljinderjit Singh gave signal to the police party. As such, the Investigating Officer reached the office and after giving his identity he asked the accused to raise his hands. He arranged a glass of water and put sodium carbonate into it, but its colour did not change. However, when the hands of the accused were got dipped into the water, the colour of the water became pink. The water was put into nip and it was wrapped and sealed by the inspector. On search of the accused, 20 currency notes of the denomination of Rs. 100/-each (Ex.P1 to Ex.P20) were recovered. When compared, the numbers of the currency notes tallied with the memo Ex.P1. When the Investigating Officer got washed the pocket of the shirt of the accused in another glass of water in which sodium carbonate was added, the colour of the water became pink. The said water was also put in another nip and sealed with the seal bearing impression Sections Both the nips of water and the shirt of the accused were taken into possession vide memo Ex.PK. On further search of the accused, a sum of Rs. 966/-were recovered from the pocket of the pant, wrist watch, cloth bag red in colour containing Rs. 25400/-were also taken into possession vide memo Ex.PL. The attendance register Ex.P28, loan register Ex.P29, receipt book and pass book of the complainant were also taken into possession vide memo Ex.PW. Site plan Ex.PU was prepared. The entry and the ruqa were also signed by Inspector and the accused was arrested. Later, after the case was registered, the accused fabricated the cash book after changing the page and introduced a witness to produce the same in the court. Therefore, the offence under Sections 468/471/477 IPC were also added against him. Completion of the investigation was followed by a report under Section 173 Cr.P.C.