RAM KUMAR DAHIYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant (since deceased) had faced trial in FIR No. 27 dated 25.6.2003 under Section 7 and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 ('Act' for short), registered at Police Station State Vigilance Bureau, Ambala.

(2.) Prosecution story, in brief, is that complainant Ram Dia Verma had taken loan to the tune of Rs. 1,75,000/- from Kurukshetra Urban Co-operative Bank Limited, Kurukshetra in the year 1995. The loan amount was to be refunded within a period of five years. Complainant had returned the entire loan within a period of one year in installments. However, later complainant came to know that the money had been embezzled by Manager Mihan Singh. Complaint was moved by the complainant in this regard to Police Station City Thanesar. Appellant (since deceased) served notice on the complainant to deposit the amount of loan but the complainant replied that he had already returned the loan amount. On receipt of notice in June 2003, complainant approached the appellant (since deceased). Rs. 5,000/- were demanded by the appellant (since deceased) for not auctioning the property of the complainant. On 23.6.2003, complainant handed over Rs. 3,000/- to the appellant (since deceased) in an envelope and promised to pay him Rs. 2,000/- more. Thereafter the complainant approached the Vigilance office on 25.6.2003. On the basis of the statement of the complainant, Ronki Ram, Deputy Superintendent of Police ('DSP' for short) registered formal FIR against the appellant (since deceased). Complainant handed over four currency notes in the denomination of Rs. 500/- each to the DSP, who returned the same to the complainant after application of phenolphthalein powder ('P-Powder' for short). Constable Jagtar Singh was appointed as a shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant (since deceased) on demand. PW Amar Nath was joined as an official witness. DSP Ronki Ram and Amar Nath initialed the tainted currency notes. Thereafter, the raiding party left for the raid. Complainant went inside the office of the appellant (since deceased). Complainant handed over the tainted currency notes to the appellant (since deceased) on demand in an envelope. Appellant (since deceased) counted the tainted currency notes. On receipt of signal from the shadow witness, DSP along with the remaining members of the raiding party reached the spot.

(3.) On seeing the raiding party, appellant (since deceased) threw the envelope on the ground. When the fingers of the appellant (since deceased) were dipped in a solution of sodium carbonate, the colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in possession. When the envelope was dipped in a solution of sodium carbonate, the colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in possession. The tainted currency notes were taken in possession.