BALBIR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALBIR Chand who was Meter Reader in Punjab State Electricity Board at Tarn-Taran was tried for offence under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and under Section 161 of the Indian Penal Code by Sh. A.B. Singh Wasu, Special Judge, Amritsar. As per judgment dated 30th April, 1986, he was held guilty and was sentenced to undergo rigourous imprisonment for two years and to pay fine of Rs. 500/- for the offence under Section 5(1)(d) of the Prevention of Corruption Act and in default of payment of fine to further undergo rigorous imprisonment for six months and to undergo rigourous imprisonment for six months, for the offence under Section 161 of the Indian Penal Code. Aggrieved by this judgment recording his conviction, Balbir Chand filed the present appeal.

(2.) THE facts of the case in brief are that there was an electric meter N.K. 93 in the premises of Jaswinder Singh, complainant which was checked by the appellant. The meter was sticky and the complaint was found stealing energy. He was told that if he pleased the appellant, he could save expenses of changing the meter. The electric connection was in the name of the mother of Jaswinder Singh. On 3-9-1983, the appellant again told the complainant at his shop that he should pay Rs. 300-otherwise he will make a report and the complainant will have to incur expenses amounting to Rs. 1,000/-. Jaswinder Singh thereupon contacted Vigilance Bureau, Amritsar where he made his statement Ex. P.B. on the basis of which a case was registered against the appellant. The complainant handed over three currency notes of the denomination of Rs. 100/- each to the Vigilance Inspector who noted the numbers of the currency notes and treated the same with phenolphthalein powder. The currency notes were returned to the complainant vide memo Ex. PC A trap was then laid. Ujjagar Singh PW accompanied the raiding party and agreed to act as a shadow witness. Shri O.P. Goyal, S.D.O. was joined from Tarn-Taran. The appellant came to the shop of Jaswinder Singh where he demanded the bribe money. The complainant handed over currency notes P1 to P3 to the appellant. When a signal was made by Ujjagar Singh the raiding party entered the shop of the complainant. The appellant threw the currency notes underneath the table. He was apprehended and his hands were washed in a solution of sodium carbonate which became pinkish. The currency notes were recovered from underneath the table and the numbers of the currency notes were tallied with the numbers mentioned in memo. After completion of the investigation the appellant was arrested and eventually prosecuted.

(3.) I have heard Sh. J. S. Mann, learned counsel for the appellant and Sh. B.S. Gill, learned Assistant Advocate General Punjab, counsel for the respondent and gone through the record.