SEWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SEWA Singh appellant, a Constable of Haryana Police, was tried and convicted by Shri R.P. Bajaj, Special Judge, Ambala, on a charge for offence under Section 5(2) of the Prevention of Corruption Act, 1957 and under Section 161 of the Indian Penal Code, for having accepted Rs. 30/- as illegal gratification from Banarsi Dass, complainant, for registration of the case against one Kalu. The appellant was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/- and in default of payment thereof to further suffer one month's rigorous imprisonment of one year and to pay a fine of Rs. 200/- and in default of payment thereof to further suffer one month's rigorous imprisonment on the first count and to one year's rigorous imprisonment on the second count. Both the sentences were, however, ordered to run concurrently. Feeling aggrieved against the orders of conviction and sentence of the trial court, the accused has filed this appeal.

(2.) THE brief resume of facts relevant for the disposal of this appeal is that Banarsi Dass, a tea vendor of Jagadhri, contacted Sewa Singh accused, who was working as Moharrar Head Constable at Police-Post City Jagadhri on 5.6.85, at about 5.00 P.M. for lodging a report against one Kalu who had allegedly beaten Banarsi Dass and his wife Mst. Shakuntla. The accused demanded Rs. 5/- as fee for recording the report. Banarsi Dass apprised the accused that he is poor person and has only Rs. 5/- with him and could not pay Rs. 50/-. The accused, however, directed Banarsi Dass to arrange the money and thereafter the report would be recorded. Banarsi Dass then approached Shri Om Prakash, a local Member of Haryana Legislative Assembly, who in turn conveyed the message to Deputy Superintendent of Police, Jagadhri, Banarsi Dass, complainant, then went to the office of Deputy Superintendent and narrated the entire episode. The Deputy Superintendent recorded the statement Exhibit P A. of Banarsi Dass and took a currency note of the denomination of Rs. 5/- from the wife of Banarsi Dass and Rs. 25/- from his own Reader, noted the numbers of the currency notes in the seizure memo and directed the complainant to contact the accused and hand over this amount to him on demand while expressing his inability to arrange for more money. Sahab Singh (PW5) was directed to accompany the complainant as a shadow witness. Banarsi Dass complainant alongwith his wife Shakuntla Devi and Sahab Singh (PW5) then contacted the accused in the police post. The accused took Rs. 30/- as illegal gratification from Banarsi Dass and kept the same in the register. The accused also informed Banarsi Dass that his report has been recorded and that Kalu would be arrested soon. Thereafter all these persons came out of the police post and gave the signal to Har Kishan Lal (PW7). Deputy Superintendent of Police, who then rushed to the Police Post along with the above referred witnesses and enquired from the accused whether he had taken money from Banarsi Dass. The accused denied having received any money. A register was found lying on the table. The Deputy Superintendent then searched the register but the currency notes were not traceable. He then asked his Reader to conduct a search of the accused, which yielded the recovery of Rs. 30/- from his shirt. The numbers of these currency notes tallied with the numbers in the seizure memo. The currency notes were taken into possession. The bushirt of the accused was also seized. The rough site plan of the place of recovery. Exhibit PN, was also prepared besides recording the statements of the witnesses. The investigation of this case was thereafter taken over by Shri Dharam Pal, Additional Superintendent of Police, Ambala. After completion of investigation and obtaining the sanction Exhibit PD about the prosecution of the accused, he was arraigned for trial on such like allegations by submitting a charge-sheet before the Special Judge, Ambala.

(3.) THE trial Court believing the ocular evidence of Banarsi Dass and shadow witness Sahab Singh copied with the corroborative evidence of the recovery of the marked currency notes from the possession of the accused, convicted and sentenced the accused as referred to above. The defence version did not find favour with the trial Court.