MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order of sentence dated 17.5.2006 passed by the court of learned Special Judge, Kapurthala whereby he convicted and sentenced the accused Major Singh to undergo rigorous imprisonment for a period of 2 = years and to pay a fine of Rs. 2000/- under Section 7 of the Prevention of Corruption Act, 1988 (for brevity, the Act) and in default of payment of fine to further undergo rigorous imprisonment for three months and also sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3000/- under Section 13(2) of the Act and in default of payment of fine to further undergo rigorous imprisonment for three months with further direction that both the substantive sentences shall run concurrently.

(2.) As set up by the prosecution, Balbir Singh complainant was to obtain a copy of jamabandi from the accused Major Singh patwari. The latter demanded an amount of Rs. 4000/- as illegal gratification for supply of the same. Ultimately, the amount was settled at Rs. 2000/-. Balbir Singh reported the matter to the Vigilance Bureau where his statement was recorded and on its basis formal F. I. R. was registered. The usual formalities were completed. On 5.8.2005 the raiding party including Balbir Singh (sic) and Kulbir Singh shadow witness went to Sultanpur Lodhi. Balbir Singh as well as Kulbir Singh went inside the Tehsil Complex whilst the other members got scattered in different directions. On being asked by the accused, said Balbir Singh and Kulbir Singh went to the tea vend, where he came. On receipt of appointed signal, Manjit Singh D. S. P. alongwith other members went inside the tea vend and apprehended the accused. The necessary formalities were completed. The accused was put under arrest. After completion of investigation, the charge- sheet was laid in the court for trial of the accused.

(3.) The accused was charged under Section 7 and 13(2) of the Act to which he did not plead guilty and claimed trial. In order to bring home guilt against the accused, the prosecution examined PW-1 Karandeep Patwari, PW-2 Balbir Singh, PW-3 Lakhwinder Singh, PW-4 Kuldip Singh, PW-5 Ranjit Singh, PW-6 Pawan Kumar, PW-7 Sarwan Singh, PW-8 Kulbir Singh, PW-9 Rupinderpal Singh SDO, PW-10 Manjit Singh DSP Investigator and closed its evidence.