HAR AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant had faced the trial in FIR No. 444 dated 29.11.1996, registered at Police Station City Jagadhri.

(2.) Prosecution story, in brief, is that complainant Doctor Shiv Kumar Chaudhary was posted in Veterinary Hospital, Malikpur. He remained on leave on 4.11.1996 and 5.11.1996 as his mother was not well. Appellant, who was his immediate superior, marked the absence of the complainant. However, when the complainant met the appellant, he allowed him to mark his presence by accepting Rs. 200/- from him. On 20.11.1996, complainant came to know that a complaint had been made against him by the villagers of village Bahadarpur. In fact, the said complaint had been got moved against the complainant by the appellant. Appellant demanded Rs. 2,000/- from the complainant for getting the matter compromised. Ultimately, the deal was settled at Rs. 800/-. The date in the enquiry was fixed as 28.11.1996. Complainant was called to his office by the appellant on 28.11.1996 at 12.30 P.M. On 28.11.1996, complainant met the Deputy Commissioner and moved an application before him against the appellant. The said application was marked to Sub Divisional Magistrate, Jagadhri. On 29.11.1996, complainant met Sub Divisional Magistrate, Jagadhri at 9.30 A.M. and informed qua demand of bribe made by the appellant. A raid was organized. Complainant handed over eight currency notes in the denomination of Rs. 100/- each to Deputy Superintendent of Police ('DSP'' for short) Rattan Singh who after initialing the said currency notes, returned the same to the complainant. Complainant was directed to hand over the said currency notes to the appellant on demand.

(3.) Thereafter, complainant along with the shadow witness Head Constable Krishan Singh went inside the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand. Appellant kept the said tainted currency notes in his right pant pocket. On receipt of signal from the shadow witness, DSP along with the raiding party reached the spot. Currency notes were recovered from the right pant pocket of the appellant and they were taken in possession.