ARJAN DEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused-appellant Arjan Dev Sub Inspector in the police was trapped by the Vigilance Department while accepting bribe of Rs. 3000/- from Shingra Singh PW on account of illegal gratification. Consequently, vide judgment dated 3.11.1998 passed by the learned Special Judge, Rupnagar, he was convicted under Section 7, 13 (2) of the Prevention of Corruption Act, 1988 (herein referred as 'the Act') and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 2000/-.

(2.) Cross cases were registered between two groups viz Mata Singh, Rula Singh and Didar Singh on one side and Jarnail Singh, Balkar Singh, Malkiat Singh, Ranjit Singh, Gurmeet Singh and Jagmal Singh on the other side.

(3.) Shingara Singh complainant and Didar Singh aforesaid are married to two sisters, as such Shingara Singh was pursuing the criminal case on behalf of Didar Singh etc. The accused-appellant Arjan Dev (herein referred as 'the accused') being in-charge of police post demanded a sum of Rs. 5000/- from Shingara Singh for helping Didar Singh etc. However, the matter was settled at Rs. 3000/-. Being reluctant to pay gratification, Shingara Singh contacted DSP Iqbal Singh and made statement Ex.PW6/A, on the basis of which FIR was registered. He handed over the currency notes which were treated by the DSP Iqbal Singh with phenolphthalein powder and after noting down the numbers thereof in the memo Ex.PF returned the same to the him and deputed Chur Singh PW present at that time as a shadow witness. He also joined Amrit Pal Singh Sub Divisional Engineer as an independent witness in the raiding party. When the Investigating Officer reached near the liquor vend of village Mullanpur Garibdas, he also associated Jaspal Singh from the liquor vend and told him about the purpose of joining and also instructed him to accompany Shingara Singh as witness for giving signal to the police party on receipt of money by the accused, accordingly Shingara Singh and Jaspal Singh went to the police post and contacted the accused. The complainant handed over a sum of Rs. 3000/- on demand made by the accused. Jaspal Singh gave signal which was responded by DSP Iqbal Singh. Consequently, they raided the accused and apprehended him red handed. After showing his identity and completing the formalities, hands of the accused were got washed in a glass of water in which sodium carbonate was also added. On hand wash, the water became pink. The same was put into nip which was sealed with the seal bearing impression "BS". On personal search of the accused, a sum of Rs. 3000/- were recovered from the right side of the pocket of his pant. On comparing the numbers of the currency notes recovered from the accused tallied with the numbers as mentioned in the memo Ex.P1. On further search, one purse and service revolver were recovered which were also taken into possession. The right side pocket of the pant of the accused was also dipped into the glass of water mixed with sodium carbonate and this solution also became pink, which was also taken into possession vide memo Ex.P1. On completion of the formalities and obtaining sanction, the accused was challaned.