BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Balbir Singh filed this criminal appeal to challenge his conviction and sentence ordered by learned Special Judge, Ludhiana vide judgment and order dated 14.2.2004 whereby the accused was convicted under section 7 read with section 13(2) of the Prevention of Corruption Act, 1988 (in short, the Act) and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs 500/- and in default thereof, to undergo further rigorous imprisonment for one month under section 7 of the Act and to undergo rigorous imprisonment for two years and to pay fine of Rs 1000/- and in default thereof, to undergo further rigorous imprisonment for one month under section 13(2) of the Act, but both the sentences were ordered to run concurrently.

(2.) Before proceeding further, it has to be noticed that during the pendency of the instant criminal appeal, convict Balbir Singh died and his wife Baljit Kaur was allowed to continue the appeal.

(3.) On analysis in Forensic Science Laboratory, solutions of hand wash and pocket wash of pants of the accused were found to contain sodium ions, carbonate ions and phenolphthalein. Sanction for prosecution of the accused was obtained. On completion of investigation, police presented report under section 173 of the Code of Criminal Procedure (in short, Cr.P.C.) for prosecution of the accused under sections 7 and 13(2) of the Act.