SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.1.2003 passed by the learned Special Judge, Patiala, convicting the accused- appellants Sukhdev Singh and Ram Singh under Section 7, 13 (1) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (herein referred as 'the Act') and under Section 409 IPC, and sentencing them to undergo rigorous imprisonment for two years and to pay fine of Rs.1500/- each, on both the counts.

(2.) Sukhdev Singh PW was member Panchayat of village Dhaneda, whereas the accused Sukhdev Singh was Panchayat Officer. Similarly, Ram Singh accused was Panchayat Secretary of the aforesaid village. On 13.7.1994, both the accused namely Sukhdev Singh and Ram Singh went to the house of the complainant and told him that Harpal Singh Sarpanch had directed them to collect money from him on account of the sale of the poultry. At this, Sukhdev Singh PW gave them the amount under a receipt and he was to adjust this amount against the amount of Rs.28000/- to be paid by Harnail Singh to the Panchayat. Harnail Singh did not pay Rs.28000/- to Sukhdev Singh PW, therefore, he went to the the B.D.O. for return of money, then it came to light that the accused did not deposit the amount anywhere. On the basis of the secret information, FIR was recorded against these two accused. Statements of the witnesses were recorded and on completion of the investigation, challan was presented in the court.

(3.) The accused were charged by the learned Special Judge, Patiala for the offences under Section 13 (1) read with Section 13 (2) of the Act and also under Section 409 IPC, to which they pleaded not guilty and claimed trial.