DHARAM PAL SHARDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this appeal, appellant Dharam Pal Sharda has impugned the judgment of conviction and the sentence order dated 5.3.2001 passed by the Special Judge, Hoshiarpur, whereby he was convicted under Section 13 (2) read with Section 7 of the Prevention of Corruption Act, 1988 (for short Criminal Appeal No.299-SB of 2001. 'the Act') and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 5,000/- in default whereof to undergo further rigorous imprisonment for three months.

(2.) The appellant was posted as Audit Officer at Hoshiarpur. Complainant Janjit Singh was working as Secretary of Pawan Co-operative Service Society Limited, Pawan (for short 'the Service Society'). Villages Pawan Shahpur, Chanauta and Rawan Villages were within the jurisdiction of the Service Society. Complainant Janjit Singh was working in the said Society as a Salesman and Tarlochan Singh was its Secretary. Complainant Janjit Singh received Rs. 23,720/- from Kuldip Singh son of Sohan Singh who was having loan acount no. 86. Out of this, Rs. 22,000/- was the principal amount and Rs. 1720/- towards interest. He deposited it with Tarlochan Singh Secretary who further deposited this amount in the Central Co-operative Bank, Branch Pawan, in the account of said Kuldip Singh but Tarlochan Singh did not make entry in the account book and embezzled Rs. 23,720/-. Rajinder Singh Inspector Grade-II conducted the audit and prepared special report against Secretary Tarlochan Singh and sent the same to the Audit Officer, Dasuya. Ajit Singh Auditor Grade-I, Dasuya, conducted the verification and he found Tarlochan Singh guilty for the said embezzlement. Then the verification of the audit was marked to the appellant who was Audit Officer, Hoshiarpur. He conducted the verification on 14/15.3.1995 in the Service Society. Complainant Janjit Singh produced the record before him. Rajinder Singh Auditor Grade-II Criminal Appeal No.299-SB of 2001. also produced the relevant record. During verification, accused imposed fifty percent amount out of the said amount on the complainant Janjit Singh and remaining fifty percent on Rajinder Singh. Complainant Janjit Singh told the accused that he was not guilty for the said embezzlement as he had given the said amount to Tarlochan Singh. The appellant demanded Rs. 2000/- as bribe from the complainant for exonerating him from the said liability. The amount was settled at Rs. 1000/-. The appellant told complainant Janjit Singh to write an application for exonerating him (complainant) from the said liability. The complainant made such application which was received in the office vide no. 935 dated 21.3.1995. The said application is Exhibit P.L. The appellant had asked the complainant to come on 24.3.1995 in his office for the purpose of exonerating him from the said liability and the complainant was asked to bring Rs. 1000/- on that date.

(3.) As the complainant did not want to pay illegal gratification, he approached the Deputy Superintendent of Police Darshan Singh of the Vigilance Bureau, Hoshiarpur and narrated the whole facts to him. Deputy Superintendent of Police Darshan Singh recorded the statement (Ex P.M) of the complainant. On the basis of the said statement of the complainant, the instant case was registered.