KEWAL KRISHAN Vs. CENTRAL INVESTIGATION BUREAU

JUDGEMENT

(1.) Accused Kewal Krishan stands convicted and sentenced by learned Special Judge, CBI, Punjab, Patiala, vide judgment and order dated 08.08.2001 to undergo rigorous imprisonment for two years and to pay fine of Rs. 1,000/-and in default thereof, to undergo further rigorous imprisonment for four months for each of the two offences under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (in short - the Act). However, both the substantive sentences were ordered to run concurrently.

(2.) Prosecution case is that the accused was working as Development Officer (DO) in New India Assurance Company at Rampura Phul (in short - Assurance Company). Complainant Daljit Singh had purchased cows by taking loan from Bank and had insured the same with the Assurance Company. On 04.05.1999, one cow of Daljit Singh died. He submitted claim application dated 05.05.1999 for insurance claim of the said cow. The insurance claim was sanctioned for Rs. 12,000/- on 10.06.1999. The complainant had been meeting the accused several times to take delivery of the cheque of the claim amount, but the accused, after putting off the matter, made demand of Rs. 3,000/- as illegal gratification. However, the demand was reduced to Rs. 2,000/-, when the complainant met the accused on 14.07.1999. The complainant narrated the same to Kuldip Singh. Both of them went to the office of Vigilance Bureau, Bathinda on 15.07.1999, where the complainant made statement to DSP Vinod Kumar regarding the aforesaid demand made by the accused. The complainant gave amount of Rs. 2,000/- in the form of three currency notes of Rs. 500/- denomination and five currency notes of Rs. 100/- denomination to the DSP. Numbers of these notes were recorded in the memo. Phenolphthalein powder was applied to the notes. Kuldip Singh was made shadow witness. Necessary instructions were given to the complainant and shadow witness. Ajay Kumar - Steno from the office of District Statistical Officer, Bathinda was associated in the raiding party. The raiding party went to Rampura Phul. The complainant and shadow witness went inside the office of the accused, whereas the remaining members of the raiding party stayed at some distance. The complainant and the shadow witness met the accused in his office. The accused inquired about the bribe amount of Rs. 2,000/-. The complainant answered in the affirmative. The accused asked the complainant and shadow witness to go to the shop of M/s. Luby Motors And Mono Block nearby, where the transaction would take place. Accordingly, at the said shop, the accused came and demanded bribe amount of Rs. 2,000/-. The complainant gave the tainted currency notes to the accused, who kept the same in the right side pocket of his pants. The accused also simultaneously gave cheque of Rs. 12,000/- to the complainant. The shadow witness gave necessary signal to the remaining raiding party, who reached the spot. The tainted currency notes were recovered from right side pocket of the pants of the accused. Numbers of the notes tallied with the numbers of the notes recorded in the memo. Hand-wash and pocket-wash of the pants of the accused in separate solutions of sodium carbonate turned the colour thereof into pink. The same were sealed in separate nips. All the articles were seized by the police. The cheque given by the accused to the complainant was also seized by the police from the latter. Statements of witnesses were recorded. Site plan of place of occurrence was prepared. The accused was arrested. Sanction for his prosecution was obtained. The case was transferred to Central Bureau of Investigation (CBI). After completion of investigation, report under Section 173 of the Code of Criminal Procedure (in short -Cr.P.C.) was presented for prosecution of the accused.

(3.) Charge under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act was framed against the accused, who pleaded not guilty and claimed trial.