HARBHAJAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailing the prosecution version and its evidence in entirety, appellant-convict Harbhajan Dass son of Mast Ram (for brevity "the appellant") has preferred the instant appeal to challenge the impugned judgment of conviction and order of sentence dated 3.6.2000, by virtue of which, he was convicted and sentenced to undergo rigorous imprisonment for a period of one year, to pay a fine of Rs. 7000/- and in default thereof to further undergo RI for a period of three months for the commission of an offence punishable under section 9 of the Prevention of Corruption Act, 1988 (hereinafter to be referred as "the P.C.Act") by the Special Judge.

(2.) The crux of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the present appeal and emanating from the record, as claimed by the prosecution, is that on 24.8.1994, complainant Jagga Singh son of Inder Singh (PW1) had gone to the shop of appellant for the treatment of his teeth. He assured him (PW1) that he could arrange the job for his daughter Surjit Kaur @ Gurjit Kaur (PW2), if he would pay him an amount of Rs. 6500/-. It was claimed that appellant projected that out of the amount of Rs. 6500/-, an amount of Rs. 5000/- would be given to Mrs.Rajinder Kaur Bhattal, Minister Punjab and Rs. 1500/- will be kept for routine expenses. On the assurance, the complainant paid Rs. 6500/- to the appellant in this regard.

(3.) The case of the prosecution further proceeds that thereafter, the appellant, complainant, his daughter Surjit Kaur and one Surjit Kaur Congress Pardhan came to Chandigarh in a car and stayed in a hotel. On the next day, the appellant took them to Congress Bhawan, from where to Barnala in the car. In all, the complainant claimed that the appellant has neither arranged for job of his daughter nor returned the amount to him.