NARPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in the present appeal is to the judgment of conviction and the order of sentence dated 12.9.2007 passed by learned Special Judge, Tarn Taran, whereby the appellant was convicted and sentenced under Section 7 of the Prevention of Corruption Act (in short 'the Act') to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2000/-, and in default of payment of fine, to undergo further rigorous imprisonment for a period of two months, in a case arising out of FIR No.27 dated 18.5.2004 registered under Sections 7 read with Section 13(2) of the Act at Police Station Vigilance Bureau, Amritsar.

(2.) Brief facts of the present case are that on 18.5.2004 Tara Singh, complainant, son of Pritam Singh, along with Swaran Singh son of Mukhtiar Singh, residents of Rure Asal, Police Station Sadar Tarn Taran, District Amritsar, went to the office of DSP Vigilance Bureau, Amritsar Range, Amritsar, and got recorded his statement. As per his statement on 29.4.2004, in the evening, his milching buffalo died due to electrocution from electric pole standing near his house. He had immediately moved an application to Dr. Narpinder Singh, in charge Veterinary Hospital, Tarn Taran, by going to his house, after getting snaps of dead buffalo and made request to him for conducting postmortem examination of his dead buffalo. He asked for payment of Rs.200/- for this purpose. Tara Singh paid Rs.200/- and then the doctor went along with the complainant. He conducted the post-mortem examination of the dead buffalo. He further demanded Rs.300/- as bribe for assessing the worth of his buffalo. The complainant entreated that he is a poor man but the doctor stated that he would not assess the worth of his buffalo if he was not paid such bribe. Under compulsion, the complainant paid Rs.300/- more to the doctor and requested him to write the post-mortem report. The complainant visited the doctor time and again for obtaining post-mortem report but he did not give the postmortem report. On 17.5.2004, the complainant met the doctor in the veterinary hospital, Tarn Taran and requested him for giving postmortem report. The accused-doctor demanded more Rs.1000/-, however, the deal was struck for Rs.500/- for writing the post-mortem report. The accused-doctor asked the complainant to come on next day afternoon with Rs.500/- to his house. The complainant was in need of such post mortem report to get compensation from the Punjab State Electricity Board and was not willing to pay more bribe. Being fed up from the accused-doctor, he approached the DSP Vigilance Bureau. Tara Singh complainant presented five currency notes of Rs.100/- denomination each. Phenolphthalein powder was applied to all the notes and were returned to Tara Singh complainant. He was instructed to pay such currency notes worth Rs.500/- to the doctor on demand and not to shake the hands with the doctor. Swaran Singh was assigned the task of shadow witness. On the basis of statement of the complainant ruqa was prepared and FIR was lodged. A raiding party was prepared. The raiding party left the office of DSP to conduct raid on the accused.

(3.) Complainant and and shadow witness were sent to the house of the accused. After receiving signal from the shadow witness, raiding party conducted raid on accused in the drawing room of his house. The DSP introduced himself to the accused. He dissolved castic sodha in the glass of water through Satnam Singh ADO. The appellant was made to wash the fingers of both of his hands one by one in the solution through Satbir Singh ADO, then colour of solution changed to pinkish. The solution was sealed with seal of description of 'KS' and the same was taken into possession vide recovery memo. Personal search of accused was conducted as per rules. From right pocket of "pyjama" worn by the appellant, five currency notes each of the denomination value of Rs.100/- were recovered. Numbers of such currency notes were compared with the already noted down numbers of the currency notes.