BIHARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is preferred by Bihari Lal (Appellant) against the judgment dated 17.07.2000 and order passed by the Special Judge, Hoshiarpur. Vide impugned judgment Bihari Lal Appellant was convicted under Section 13(2) read with Section 7 of the Prevention and Corruption Act. The learned Special Judge sentenced the Appellant to undergo Rigorous Imprisonment for a period of one year and to pay fine of 5000/-or in default of payment of fine to further undergo Rigorous Imprisonment for a period of three months.

(2.) The gist of the prosecution story is that complainant Surjit Singh PW-3 was depot holder. He used to receive an essential commodities from the office of Food and Civil Supply, where the Appellant had been working as Assistant District Food and Civil Supply Officer. On 24.02.1998 Surjit Singh PW filled up an indent for the supply of 3000 litres of kerosene oil and went to the office of the Appellant. The complainant made a request for grant of permit. However, it is alleged that accused Bihari Lal demanded a 2 bribe of 400/-. The complainant went to receive the permit where the Appellant demanded to pay the amount after sometime. Thereafter, the complainant contacted the DSP Vigilance, who took a sum of 400/-from PW Surjit Singh.

(3.) PW Surjit Singh along with shadow witness were instructed to go the office of the accused Bihari Lal and the raiding party remained out side the office. PW Surjit Singh entered the door of the office of the accused Bihari Lal and Resham Singh shadow witness remained out side the office near the door of the office of the accused in verandah. PW Surjit Singh requested the accused to give permit of kerosene oil. The accused demanded 400/-from PW Surjit Singh gave currency notes of 400/-to the accused. PW Resham Singh shadow witness was watching the whole proceedings and he raised hand over his head and gave signal to the raiding party. DSP Vigilance Garib Dass PW 11 along with Jasbir Kumar and Malkiat Singh entered the office of the accused Bihari Lal who was sitting on the chair in front of his table. DSP Garib Dass disclosed his identity as DSP Vigilance to the accused Bihari Lal and told that he has accepted the bribe money from Surjit Singh. Accused was apprehended by DSP Garib Dass from his arms. In the mean while PW Surjit Singh told the DSP that accused Bihari Lal had handed over the bribe money of 400/-to the accused Mohinder Singh office peon who was also standing in the office. DSP Garib Dass asked Ins. Malkiat Singh to apprehend the accused was apprehended by Ins. Malkiat Singh, Mohinder Singh accused thrown the brine money on the chair. Then a glass of water was arranged in which sodium carbonate powder was put and the colour of the water did not change. Then both the fingers of the hands of accused Bihari Lal were washed in the solution and the colour of the water changed into light pink. The solution was put in a nip and was sealed with the seal bearing impression MS and was taken into possession vide recovery memo Ex.PD. Then again a glass of water was arranged in which sodium carbonate powder was put and colour of the water did not change and then fingers of both the hands of accused Mohinder Singh were got washed in the solution and the colour of the water changed to light pink. The solution was put in a nip Ex.P6 which was made into the parcel and sealed with the seal bearing impression MS and was taken into possession vide recovery memo Ex. PE. The currency notes Ex.P1 to P4 of the denomination of 100/-were picked up from the chair by Jasbir Kumar PW and the number of the notes were tallied with the numbers of the notes in the recovery memo Ex. PC and the same tallied. The currency notes were taken into possession vide recovery memo Ex.PH. The record of the office was taken into possession vide recovery memo Ex.PJ. The indents are Ex.P7 to P9. The attendance register was taken into possession which is Ex.P9. On receipt of the report of AFSL, Forensic Science Laboratory Chandigarh Ex.PT and after obtaining sanction for the prosecution of the case Ex.PQ, accused were challaned.