RAGHBIR SINGH SUKHIJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appellant namely Raghbir Singh Sukhija has preferred this appeal against the judgment/order dated 15.3.2001 vide which he was convicted under section 7 read with section 13(2) of the Prevention of Corruption Act and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5000/- or in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) The present case has been registered on the statement dated 7.5.1993, Ex.PD, of Hardial Singh, complainant, against Raghbir Singh Sukhija, wherein he has stated that he is the resident of Village Chauke and is Ex Sarpanch. About ten years ago he had submitted an application in the office of Sub Divisional Officer, Punjab State Electricity Board for getting tubewell connection. He had deposited security. He had received a registered demand notice from the office by which the Test Report was demanded from him. He deposited a sum of Rs. 24,500/- vide two receipts. Thereafter he met Raghbir Singh Sukhija SDO twice or thrice in his office at Maur Mandi and requested to release his connection, but he was putting off the matter on one pretext or the other. Raghbir Singh Sukhija, accusedappellant told that he received Rs. 5000/- from other persons and he had demanded Rs. 2000/- from the complainant. On his repeated requests, the accused appellant agreed for Rs. 1000/- from the complainant to release the connection. As the complainant was reluctant to pay the bribe, he told this fact to Ajaib Singh Member Panchayat, who also advised him not to give any bribe. Both of them approached the Vigilance Office and informed him. They produced ten currency notes of Rs. 100/- of denomination each, total Rs. 1000/- which was to be paid as bribe to Raghbir Singh Sukhija. The Vigilance Staff completed the formalities.

(3.) Statement Ex.PD of Hardial Singh complainant was recorded and sent to the Police station through Constable Darshan Singh, PW9, on the basis of which formal FIR Ex.PD/1 was recorded in Police station Maur.