PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of sentence dated 16.12.1992 passed by learned Special Judge, Faridkot in Sessions Case No. 11 of 26.1.1991 vide which the appellant was convicted and sentenced to undergo R.I. for one year and to pay fine of Rs. 1500/- or in default of payment thereof to further undergo RI for three months in case FIR No. 18 dated 2.2.1980 under Section 13(2) of the Prevention of Corruption Act, 1988, registered at Police Station, City, Muktsar.

(2.) THE prosecution story is that Gurdev Singh PW-4 was a conductor (No. 118) in Punjab Roadways Depot at Muktsar under the accused. From 1.12.1989 to 13.1.1990 he remained on one route. Thereafter, he was put on advance booking for Kotkapura. Then he was put on Muktsar to Matili route. Thereafter his duty was fixed from Moga to Matili and again from Dabwali to Giddarbaha. The accused had put Gurdev Singh on these routes. On 30.1.1990, Gurdev Singh PW met the accused and asked him that he be put on one duty but the accused replied that he would not settle the duty without bribe. The accused demanded Rs. 150/- as illegal gratification. The matter was, however, settled at Rs. 100/- when Gurdev Singh stated that he was a poor man and was unable to give that amount of Rs. 150/-. Gurdev Singh confabulated with Om Parkash and both of them went of Vigilance Office at Muktsar on 2.2.1990 where Gurdev Singh made statement Ex.PD before Gurmit Singh, Vigilance Inspector and also produced two currency notes of Rs. 50/- each. The Inspector applied phenolphathlein powder to the said currency notes and handed over the same to Gurdev Singh vide memo Ex.PE. The Inspector saw to it that no other article remained with Gurdev Singh. A demonstration of the working of Phenolphathlien powder was conducted for which memo Ex.PF was prepared attested by the PWs Gurdev Singh and Om Parkash. It was planned that Gurdev Singh would go ahead and Om Parkash would follow him. Gurdev Singh was directed to hand over the money to the accused while Om Parkash was directed to hear the conversation between the accused and Gurdev Singh PW and also to see the passing on of the money and then to give signal to the raiding party by putting his hand on his head. The party so formed left for the raid in the bus adda premises. On the way Makhan Singh, Junior Engineer of PWD, B&R was joined in the raiding party was introduced to the PWs and also told about the purpose of raid. The office of the accused was inside the Bus Stand. The Inspector repeated the instructions to Gurdev Singh and Om Parkash. Gurdev Singh met the accused who was sitting in the open ground in a chair in front of a table. Gurdev Singh asked the accused to settle his duty and also to sign the over turn (over- time) card. The accused demanded that he should first be paid his fee. Then Gurdev Singh gave him the marked currency notes who put the same in a drawer of the table. Om Parkash PW then gave signal to the raiding party who arrived at the scene. The Vigilance Inspector introduced himself to the accused. Makhan Singh (Traffic Manager) and Mahesh Kumar (Works Manager) PWs were also called there and they joined the investigation. A glass of water was arranged in which some quantity of sodium carbonate was put. The colour of the water did not change. Then the hands of Makhan Singh (Traffic Manager) PW were got washed in that solution. Even then the colour did not change. Thereafter, the hands of the accused were got washed and then the colour of the solution changed into light pink. The solution was put in a nip Ex.P-2, sealed with the seal of the Inspector bearing mark GS and a signed chit of Makhan Singh PW-6 was affixed on it. It was taken into possession vide memo Ex.PG. The Inspector also prepared sample seal impression. Gurdev Singh PW told the inspector that the accused had put the money in the drawer of his table. Thereafter, the accused took out the currency notes from the drawer. The numbers of the currency notes were compared with those mentioned on memo Ex.PE and they were found to be the same. The currency notes Exs. P-3 and P-4 were taken into possession vide memo Ex.PH. On further search of the accused a sum of Rs. 900/-, an identity card, a pen and a wrist watch were recovered which were taken into possession vide memo Ex.PJ signed by the accused and attested by the PWs. One rotation register and over time card Ex.P-1 and yard duty register were also taken into possession vide memo Ex. PK attested by Gurdev Singh, Om Parkash, Makhan Singh, Mahesh Kumar and another Makhan Singh PWs. The Inspector prepared a rough site plan Ex.PL and formally arrested the accused. On return to the police station, the case property was deposited with seals intact with the MHC. The solution was sent to the Forensic Science Laboratory Punjab Chandigarh on 14.2.1990 through constable Hardev Singh No. 2289/LDH with seals and signatures of Makhan Singh PW-6 thereon intact. The contents of the same were examined physically and chemically. On the basis of colour test, litmus paper test, PH test, acid test, flame test and colourimateric analysis, it was found to be sodium ions carbonate ions and phenolphthalein. It was the chemical property of phenolphathalein that it turned colourless solution of sodium carbonate to pink. The report of the Forensic Science Laboratory to this effect is Ex.PN.

(3.) THE prosecution examined PW-1 Sukhwant Singh, PW-2 Satish Kumar Clerk, PW-3 Kulwant Singh, PW4, Gurdev Singh conductor (complainant), PW-5 Om Parkash, PW-6 Makhan Singh Junior Engineer, PW-7 Mehal Singh, PW-8 Gurmit Singh, Vigilance Inspector and PW-9 Balbinder Kaur Scientific Officer and after tendering certain documents, closed its evidence.