JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of mine shall dispose of two connected appeal Nos. 1399 and 1743-SB of 2005, against the judgment dated 5.8.2005 passed by the learned Sessions Judge, Faridkot.

(2.) Jagtar Singh accused-appellant (herein referred as 'the accused') has been prosecuted for the offence under Section 7, 13(2) of the Prevention of Corruption Act, 1988 (herein referred as 'the Act'), for allegedly having demanded a sum of Rs. 500/- and accepted Rs. 300/-, on account of bribe money for supplying copy of death certificate. Consequently, he was tried, convicted and ultimately sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/-, vide judgment dated 5.8.2005 passed by the learned Sessions Judge, Faridkot.

(3.) Maghar Singh son of Hari Singh resident of village Gurusar had expired on 6.3.2003. His son Ranjit Singh had moved an application in the office of the Civil Surgeon, Faridkot for getting his death certificate and deposited the requisite fee. Ranjit Singh being from a distant village deputed his cousin Jit Singh to collect the certificate. On 17.10.2003, Jit Singh complainant (herein referred as 'the complainant') met the accused in connection with the supply of copy of the death certificate to him, but he demanded Rs. 500/- as illegal gratification, but the bargain was settled at Rs. 300/-. However, the complainant being reluctant to pay the gratification returned to his village and contacted Chamkaur Singh ex-member Panchayat and on his suggestion, on 20.10.2003, the complainant along with Chamkaur Singh went to the office of the Deputy Superintendent of Police (Vigilance), Faridkot who recorded the aforesaid statement Ex.PM and sent the same to the police station on the basis of which FIR was recorded. The complainant handed over the currency notes worth Rs. 300/- of the denomination of Rs. 100/- each to the Deputy Superintendent of Police (Vigilance), who after treating the same with phenolphthalein powder, recorded their numbers in the memo and handed over to him again for payment to the accused on demand in the presence of Chamkaur Singh shadow witness, Gurinder Singh, District Social Security Officer and Piare Lal, Jr. Asstt. office of the District Social Security Officer, Faridkot through Deputy Commissioner, Faridkot who had been associated by DSP Baldev Singh (herein referred as the Investigating Officer). After organizing the raiding party and after making demonstration with regard to the process as followed by him, the Investigating Officer left for the office of the accused. The complainant along with shadow witness went to the accused and handed over the tainted currency notes on demand made by him. On receipt of the signal from the shadow witness, the police party conducted raid and arrested the accused red handed. DSP Baldev Singh arranged a glass of water and prepared a solution by adding sodium carbonate therein. Hands of the witnesses Gurjinder Singh and Piare Lal were got dipped in the said solution but the colour of the solution did not change, but when hands of the accused were got dipped in the said solution, the colour of the same turned pink. Thereafter, the said solution was put into a nip which was sealed with the seal bearing impression "BS" and slip bearing signatures of both the independent witnesses was also affixed. The said nip was taken into possession vide recovery memo Ex.P1. Thereafter, the accused took out the tainted currency notes from the left pocket of the pant and presented the same before DSP Baldev Singh. On comparison the numbers of the tainted notes and the numbers mentioned in the memo Ex.PH, stood tallied and thereafter the currency notes were taken into possession vide recovery memo Ex.PJ/1. Thereafter, another solution of sodium carbonate was prepared in the glass jar in which hands of both the independent witnesses i.e. Gurjinder Singh and Piare Lal were got dipped but colour of the solution did not change, and when pocket of the trouser of the accused was dipped in the said solution, the colour of the same turned pink. The said solution was also put into a separate nip Ex.P2. The pant was converted into parcel and taken into possession vide memo Ex.PJ. On personal search of the accused, a sum of Rs. 1672/- were recovered from the right pocket pant of the accused. The said currency notes, identity card, driving licence, one ball pen and wrist watch as recovered from the accused were taken into possession vide memo Ex.PK. The records relating to death certificate of Maghar Singh Ex.P3 and Ex.P4 were also taken into possession vide memo Ex.PL. The Investigating Officer prepared the rough site plan of the place of occurrence, recorded statements of the witnesses, on receipt of the sanction Ex.PE and the Chemical Examiner's report Ex.PP, the charge report was presented against him.