KASHMIRI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 3.5.1990 passed by the Judge, Special Court, Faridkot, vide which the appellant has been convicted and sentenced as under :- Under Section Sentence 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 2 years and to pay line of Rs. 500/-., In default of payment of fine to undergo RI for three months. 161 IPC One year.

(2.) APPELLANT Kashmiri Lal was posted as Accounts Clerk in the Office of Block Development and Panchayat Officer, Malout. On 22.7.1988, he demanded Rs. 300/- as illegal gratification from Ved Parkash who retired as Compounder from Veterinary Hospital, Chack Sher Wala. On the request of the complainant Ved Parkash, complainant agreed to pay Rs. 200/- for sending the draft. Ved Parkash made a false promise to make the payment of Rs. 200/- but he did not want to make the payment. He made a complaint to Vigilance Inspector, Muktsar. On the complaint of Ved Parkash, FIR was registered. Ved Parkash also produced two currency notes of the denomination of Rs. 100/-. Numbers of the currency notes were also noted. Phenolphthalein powder was applied to those notes. Raid was conducted. In the raiding party Rattan Singh Bedi and Atma Singh JE PWs were also joined. A demonstration was given in the vigilance office how the phenolphthalein power worked. The Vigilance Inspector prepared scheme that Ved Parkash complainant will go ahead and Rattan Singh will follow him. When the payment is made by the complainant on the demand of appellant, Rattan Singh will give a signal to the police party. As per the scheme, Ved Parkash handed over the currency notes to Kashmiri Lal on his demand, Rattan Singh gave a signal to the police party. On receiving the signal, Mohan Singh Vigilance Inspector went inside the office. He disclosed his identity to the appellant. Appellant was apprehended. Solution of Sodium Carbonate was prepared and hands of the appellant were got washed. The colour of the water got changed to pink. Solution was put into a nip which was duly sealed. From the personal search of the appellant, two currency notes of Rs. 100/- each were recovered from the front side pocket of the appellant. The numbers of the notes were also compared and the same tallied with the numbers mentioned in the memo prepared in the office. After that another solution of the water was prepared. The pocket of the shirt of the accused was got washed in that solution. The colour of the water changed to pink. After completion of the investigation, challan was presented before the Judge, Special Court, Faridkot.

(3.) TO prove its case, the prosecution has examined Ved Parkash Complainant as PW-1 and Rattan Singh Shadow witness as PW-2. Both of them have supported the case of the prosecution. Sajjan Singh was examined as PW-3. He is the formal witness. He has proved the sanction Ex.PJ granted by the Secretary, Rural Development and Panchayats, who is the competent authority to appoint and remove the accused. Teja Singh Clerk as PW-4. He has proved the posting order of the appellant Ex.PK. Atma Singh JE as PW-5. He is also a trap witness, he is not supported the case of the prosecution. Jagir Singh, Superintendent Panchayat Samiti as PW-6. He has also proved the posting of the accused at Malout Ex.PM. He has proved the posting order dated 30.5.1988. Dial Singh Accountant as PW-7. He has deposed that appellants used to prepare the bills. Application of Ved Parkash complainant was received in their office and was entrusted to the Accountant on 20.6.1988 for preparing the GPF bill. The bill was prepared by the appellant. Mohan Singh Inspector as PW-8. He is the investigating officer of the case. The prosecution has also tendered in evidence affidavits Ex.PL, PR and PS, report of F.S.L. Ex. PT. The prosecution has given up SI Des Raj as unnecessary whereas Jeevan Kumar was given up as having been won over by the appellant.