BALJIT SINGH ALIAS BHEETA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PROSECUTION story, in brief, is that Jaswinder Singh complainant was present in his house on 20.4.1998. At about 4.00 A.M., two persons came to his house. Complainant was taken by them to the office of CIA Staff, Khanna and was given beatings. It was alleged by the said persons that the complainant had murdered his daughter aged 1 1/4 years. Daughter of the complainant had died 26 days earlier to the incident. Police officials told the complainant that they would call the appellant and he would give a message to him. After some time police officials called the appellant to the spot. Appellant told the complainant that he could get him released from the police custody if he agreed to pay some amount out of the sale proceeds of his land. Appellant demanded Rs. 2,00,000/ - from the complainant. Complainant refused to oblige. Complainant was warned that he would also meet the same fate as Gurdeep Singh, his neighbour, who had been killed by the police officials. The deal was struck at Rs. 1,00,000/ - and two bags of wheat. Family members of the complainant were standing outside the CIA Staff and were not allowed to meet him. Then appellant took the complainant to his house. On 20.4.1998, complainant gave Rs. 60,000/ - to the appellant and agreed to pay the remaining amount of Rs. 40,000/ - after a couple of days. Appellant threatened the complainant that in case the remaining amount was not paid, then he would be lifted from his house. After completion of investigation and necessary formalities, challan was presented against Constable Anokh Singh, Constable Om Parkash and the appellant.

(2.) CHARGE was framed against Constable Anokh Singh, Constable Om Parkash under Section 13(1)(d) of Prevention of Corruption Act, 1988 ('Act' for short). Charge was framed against the appellant under Section 8/9 of the Act.

(3.) APPELLANT when examined under Section 313 of the Code of Criminal Procedure, 1973, after the close of prosecution evidence, has prayed as under: -