AMAR NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 22.11.2002, whereby the learned Special Judge, Patiala convicted appellant Amar Nath for the offence under Section 7, 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 4,000/- or in default thereof, to further undergo rigorous imprisonment for one month.

(2.) Brief facts of the prosecution case are that Dalwara Singh herein 'the complainant' got recorded his statement, Exhibit PP, before DSP Ranjit Singh Dhillon, Vigilance Bureau, Flying Squad, Patiala, to the effect that on 20.3.1996, he received gun shot injuries, which hit on his left hand and chest. He met the accused/appellant Amar Nath in order to obtain the bed head ticket, X-report and other documents relating to his treatment. The complainant deposited a sum of Rs. 40/- as fee for obtaining the said documents. The accused/appellant asked him to come after 15 days and collect the said documents. On 24.6.1998, the complainant again visited the office of the accused/appellant, who then demanded a sum of Rs. 500/- as illegal gratification for supplying the said documents. Ultimately, the bargain was struck at Rs. 450/-. However, the complainant did not pay the said amount at that time and came back and met one Mohan Singh, resident of Bular, who suggested him not to pay the said amount.

(3.) On the basis of above statement, formal FIR, Exhibit PP, was registered.