BRIJ BHUSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Brij Bhushan (since dead) was clerk in the office of Sub Divisional Education Officer (SDEO), Kurukshetra. One Rakesh Kumar Garg and his wife Smt. Rekha Rani were serving as teachers in the Education Department of the Govt. of Haryana. Rakesh Kumar Garg was Drawing Teacher in Govt. High School, Samalkhi. His wife was posted as JBT teacher in a school in Mehdinipur, Block Shahbad. Some arrears were due to his wife pertaining to the summer vacation of the year 1994. Her claim was pending in the office of SDEO, Kurukshetra. Rakesh Kumar Garg met Brij Bhushan accused who was Clerk dealing with the preparation of bills for the drawal of arrears etc. He requested him to draw the arrears of pay due to his wife so that payment could be disbursed to his wife. Accused Brij Bhushan told him that if 10% of the amount of Rs. 1,000/- was paid as illegal gratification, then and then alone the arrears bill would be got cleared from the SDEO office. Since Brij Bhushan accused was in govt. service and he was asking for illegal gratification, he (Rakesh Kumar Garg), reported the matter to Shri K.K. Rao, DSP (Headquarters), Kurukshetra through written complaint Ex. PB. Shri K.K. Rao went to District Magistrate, Kurukshetra who vide endorsement Ex. PB/1 on complaint Ex. PB endorsed it to SDO (Civil), Thanesar. Thereafter, he along with his staff and Rakesh Kumar Garg came to the office of SDO (C), Thanesar where Rakesh Kumar Garg produced one currency note of the denomination of Rs. 100/- (Ex. P1). Currency note Ex. P1 was initialled by him. It was initialled by Shri K.K. Gupta, SDO (Civil), Kurukshetra. Currency note Ex. P1 was handed over by Shri K.K. Rao to Rakesh Kumar Garg in the presence of Shri K.K. Gupta, SDO(C), Kurukshetra. In this behalf, memo Ex. PA was prepared which was attested by Shri Rakesh Kumar Garg, Shri K.K. Gupta and constable Virender Kumar. Shri K.K. Rao P.W instructed Rakesh Kumar Garg to go and contact the accused and pass on the said currency note to the accused but only on demand by him. He directed constable Virender Kumar to accompany Shri Rakesh Kumar Garg P.W and act as shadow witness and witness the passing on of the currency note to the accused by Rakesh Kumar Garg on demand by him (accused). He further instructed constable Virender Kumar to raise signal by putting his hand on his head as soon as money was demanded and accepted by Brij Bhushan accused. After so instructing Rakesh Kumar Garg and constable Virender Kumar, he sent them to the accused. Rest of the raiding party stood near the office of SDEO, Kurukshetra. In the meantime, he received signal raised by constable Virender Kumar. On receipt of that signal, the raiding party headed by Shri K.K. Rao reached the office of SDEO, Kurukshetra. Accused was apprehended in the varandah in the office of Ramesh Chand Assistant on the identification of Rakesh Kumar Garg. Accused was asked to search the raiding party and on his refusal to do so, Shri K.K. Rao asked the accused to lay before them the currency note which he had taken from Rakesh Kumar Garg. Thereupon, the accused took out the said currency note from the left pocket of his pants which he was wearing. Ramesh Chand P.W was asked to compare the number of the Currency note recovered from the possession of the accused with the number lying entered in Farad Hawalagi Ex. PA. Number of the currency note recovered from the possession of the accused tallied with the number of lying entered in Farad Hawalagi Ex. PA. Currency note Ex. P1 recovered from the possession of the accused was bearing the initials of DSP Shri K.K. Rao and SDO (Civil), Thanesar Shri K.K. Gupta. Currency note Ex. P1 was made into a parcel which was sealed with seal bearing impression KK. Sealed parcel containing Ex. P1 currency note was taken into possession vide Ex. PD. Seal after use was handed over to Shri Ramesh Chand P.W. Memo Ex. PD was attested by Ramesh Chand, Shri K.K. Gupta, constable Virender Kumar, Rakesh Kumar Garg PWs. It was signed by Shri K.K. Rao as well. Thereafter, Shri K.K. Rao made endorsement Ex. PB/2 on complaint Ex. PB and sent it for registration of the case to PS City Thanesar.

(2.) After obtaining sanction Ex. from District Education Officer, Kurukshetra, the accused was challaned under Section 7, 13 of the Prevention of Corruption Act, 1988.

(3.) At the conclusion of the trial, Special Judge, Kurukshetra found the charge under Section 7, 13 of the Prevention of Corruption Act, 1988 proved against the accused. He accordingly convicted him thereunder and sentenced him to undergo R1 for 2 years and to pay fine of Rs. 300/- or in default to undergo further R1 for 4 months under Section 7 of the Prevention of Corruption Act, 1988. He further sentenced him to undergo R1 for 3 years and to pay fine of Rs. 500/- and in default to undergo further R1 for 6 months under Section 13 of the Prevention of Corruption Act, 1988 vide order dated 7/9.4.1999. Sentences were ordered to run concurrently. Not satisfied with the order convicting and sentencing him, Brij Bhushan accused came tip in appeal to this Court.