BACHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal appeal was filed by Bachan Lal convict since deceased and now represented by his widow Murti Devi.

(2.) PROSECUTION case is that the convict was posted as Assessment Clerk in Irrigation Department. There were three cases of theft of canal water against complainant Bhupinder Singh, who had been summoned by the canal authorities. The complainant went to the accused Bachan Lal, who demanded Rs. 200/ -as illegal gratification for helping the complainant in the theft cases. The deal was, however, struck at Rs. 100/ -. Complainant along with Hazura Singh met Ranjit Singh Dhillon, DSP Vigilance on 16.03.1998 and made statement to him about the aforesaid demand of bribe. Thereupon FIR was registered. Hazura Singh was made shadow witness. Demonstration of Sodium Carbonate solution turning into pink colour on adding Phenolphthalein powder was given. Phenolphthalein powder was applied to currency note of Rs. 100/ -denomination given by the complainant. The said currency note was returned to the complainant. Trap was laid. The complainant and the shadow witness went to the office of the accused whereas the remaining party stayed a little away. The accused demanded Rs. 100/ -as bribe. The complainant gave the tainted currency note to the accused. The accused kept the currency note in the file of the theft case. Hazura Singh shadow witness gave signal to the police party. Accordingly, DSP along with other police officials and Parminder Singh, Surveyor in Soil Conservation Department, who had also been joined in the raiding party, reached the spot and seized the tainted currency note from the file. Hand wash of the accused changed the colour of Sodium Carbonate solution into pink. Necessary investigation was conducted. Accused was arrested. On completion of investigation, accused was sent for trial for offence under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (in short, the Act).

(3.) IN support of its case, the prosecution examined 9 witnesses. Head Constable Gurbhej Singh PW -1 and Constable Karamjit Singh PW -2 being formal witnesses tendered their affidavits in evidence.