GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order of sentence dated 11.9.2007 passed by the court of learned Special Judge, Rupnagar whereby he convicted and sentenced the accused Gurmukh Singh to undergo rigorous imprisonment for a period of 1 years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for one month on two counts i.e under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 (for brevity, the Act) and Section 120B of IPC each.

(2.) Succinctly put the facts of the prosecution case are that at the instance of Deputy Commissioner of Ropar, an inquiry was being conducted by Amarjit Singh Dhindsa, Sub Divisional Magistrate, Kharar. Therein statements of Sahib Singh complainant and Kesar Singh were recorded. The enquiry file was in possession of Gurmukh Singh accused being steno to Sub Divisional Magistrate, Kharar. Sahib Singh approached Gurmukh Singh to supply copies of their statements recorded in the enquiry proceedings, but he went on putting off on one pretext or the other. On 27.3.2001, he again asked for supply of such copies, but Gurmukh Singh stated that the same will be given on payment of Rs. 1000/- as illegal gratification. Sahib Singh agreed to pay Rs. 500/- on the next day. Instead of going to the office of the accused he went to Vigilance Bureau, where he narrated the above mentioned facts. The raiding party including Harinder Singh shadow witness, Sukhwinder Singh SDO and Rajinder Kumar Senior Assistant was constituted. Sahib Singh accompanied by Harinder Singh went to the room of the accused, who demanded Rs. 1000/- from Sahib Singh who paid Rs. 500/- to him. The accused Gurmukh Singh handed over these currency notes to one Shamsher Singh who was present there. On receipt of appointed signal, DSP Harjap Singh alongwith other members of the raiding party entered the room of the accused. The usual formalities were observed. Shamsher Singh took out the tainted currency notes from the pocket of his shirt and handed over the same to afore said DSP. The accused Gurmukh Singh as well as Shamsher Singh(since deceased) were arrested. After completion of investigation, the charge-sheet was laid in the court for trial of the accused.

(3.) The accused Gurmukh Singh as well as Shamesher Singh were charged under Section 120B of IPC and Section 7 read with Section 13(2) of the Act to which they did not plead guilty and claimed trial. During the pendency of the trial, the accused Shamsher Singh breathed his last on 7.10.2004 and as its consequence, the proceedings abated qua him.