RAJ KUMAR JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DR . Raj Kumar Jain has filed this appeal against the judgment dated 19th/27th February, 1980, of the learned Special Judge, Jullundur, whereby he had convicted and sentenced the appellant as under :-

(2.) BRIEFLY stated the prosecution case is that Dr. Raj Kumar Jain was posted as Senior Medical Officer, Incharge, Civil Hospital, Nakodar during the period from April 25, 1972 to February, 23, 1974. Shri Hari Ram, the then Inspector Vigilance, Jullundur received reliable information that Raj Kumar Jain, appellant, was in the habit of taking bribe from patients and the other persons, who went to him in connection with medical examination, X-ray et cetra. He even misappropriated the amount entrusted to him by such persons on behalf of the Government. The details of this information are given in the first information report, Exhibit PA/1. On the basis of this information, a case was registered under section 5(2) of the Prevention of Corruption Act and sections 161, 409, 467 and 471 of the Indian Penal Code, at Police Station Nakodar, on 4th October, 1976. After investigation, the appellant was challaned. He was tried by the learned Special judge. There were nine count of commission of offences against him. The learned trial Judge acquitted the appellant of the charges on the all the counts, except item Nos. 1, 4 and 8.

(3.) DR . Daljit Singh, Assistant in the office of the Director of Health Services (PW 20) has produced and proved a copy of the notification above-mentioned. Jatinder pal SDC (PW 21) produced and proved Exhibit PHH, PFF, PGG, copies of the letters dated 18th February, 1972, regarding the appointment of Gulzar, Jagdish and Babu Ram respectively as Beldars. These letters were issued by Sub-Divisional Engineer, Nakodar. These letters required the above witnesses to produce their medical fitness certificates because they would be able to draw their first bill only after production of such certificates. He further stated that all these three witnesses produced medical certificates, Exhibits PB, POC and PD.