MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Mohinder Singh has filed this appeal against the judgment of conviction and order of sentence dated 9.9.2008 passed by learned Special Judge, Fatehgarh Sahib, whereby he has been held guilty and convicted for the offences under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (hereinafter referred to as 'Act'). He has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months for the offence under Section 7 of the Act. He has also been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months for the offence under Section 13(1)(d) read with Section 13 (2) of the Act. All the substantive sentences of imprisonment have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that on 20.7.2005 at about 11.00 a.m., Mandip Singh came to the house of Karamjit Kaurcomplainant and asked for scooter. In the meanwhile, Gurdip Singh entered the house after scaling the wall and started a scuffle with Mandip Singh threatening to kill him. He asked Karamjit Kaur to bolt the door from outside. Karamjit Kaur insisted that if Gurdip Singh had to quarrel with Mandip Singh, both should go outside the house. Gurdip Singh took out a 'Kirpan'. Karamjit Kaur intervened, as a result of which she received one 'Kirpan' blow on her hand. Mandip Singh was also given pushes and caused injuries. Thereafter, Gurdip Singh fled away from the spot. Karamjit Kaur and Mandip Singh were admitted in Khamanon Hospital and were medically examined. The local Police of Police Post, Kheri Naudh Singh failed to take any action against Gurdip Singh, who is son of the then Sarpanch. He rather self-suffered the injuries and got himself admitted in the hospital. It is also the case of the prosecution that Mohinder Singh, ASI, who was posted at Police Post Kheri Naudh Singh, was pressurizing the complainant party to enter into a compromise. At this, the accused threatened to implicate the complainant party in a false case. He demanded Rs. 10,000/- from Babu Singh in this case. On refusal of Babu Singh to pay illegal gratification, he threatened to implicate his son-in-law Mandip Singh by registering a case against him. A sum of Rs. 5,000/- was taken by ASI Mohinder Singh on 30.7.2005 from Babu Singh in the presence of Nachhattar Singh. He was demanding another sum of Rs. 5,000/- for favour in the case. On the basis of application Ex.P.C moved by Karamjit Kaur, inquiry was marked to DSP, Khamanon, who vide his report dated 17.8.2005 found the allegations levelled against the accused-appellant as correct. The accused-appellant was arrested on 9.3.2006 and after completion of investigation and obtaining necessary sanction, challan against the accused was presented in the Court.

(3.) On presentation of challan, the trial Court finding prima facie case against accused, framed charges for the offences under Sections 7, 13(1)(d) read with Section 13(2) of the Act, to which the accused pleaded not guilty and claimed trial. In support of its case, the prosecution examined PW-1 Satinder Pal Singh, DSP, Khamanon, who mainly deposed regarding conducting the inquiry on the complaint filed by Karamjit Kaur and also proved his inquiry report Ex.PA. PW-2 Babu Singh deposed as per prosecution version. He deposed that Mandip Singh is his son-in-law. He also stated that both the injured Mandip Singh and Karamjit Kaur were got admitted in Civil Hospital, Khamanon and they remained admitted in the hospital upto 26.7.2005. Then ASI Mohinder Singh-accused reached at Civil Hospital, Khamanon on receipt of report from the Civil Hospital regarding the admission of the injured. In the hospital, above said ASI Mohinder Singh demanded Rs. 10,000/- from him, otherwise he would register case against them. Then the accused came to his house and demanded Rs. 5,000/- and he gave Rs. 5,000/- to him. He also deposed that he gave Rs. 5,000/- to accused in the presence of Nachhattar Singh. He also deposed regarding his affidavit Ex.PW.2/A. He also stated that he took some money from Nachhattar Singh in order to meet the demand of Rs. 5,000/- made by the accused. PW-3 HC Gurmeet Singh deposed regarding bringing the record of FIR No.104 dated 5.8.2005 registered for the offences under Sections 323 and 324 IPC at Police Station Khamanon against Gurdeep Singh and investigation of this case was conducted by ASI Mohinder Singh accused present in the Court from 5.8.2005 to 9.8.2005 and challan of this case was prepared on 10.8.2005 by SHO Palwinder Singh which was presented in the Court on 24.8.2005. He also proved the copy of FIR No.104, which is Ex.PB. PW-4 Karamjit Kaur also deposed the same facts as per prosecution version. She also deposed regarding the complaint Ex.PC to SSP, Fatehgarh Sahib and her affidavit Ex.PD. PW-5 Nachhattar Singh also supported the prosecution version and stated that on 30.7.2005, accused demanded Rs. 5,000/- from Babu Singh. Babu Singh gave the said amount to the accused. He also deposed regarding his affidavit Ex.PE. PW-6 Dr. Charanjit Singh mainly deposed regarding conducting of medico-legal examination of Karamjit Kaur and Mandip Singh on 20.7.2005 and deposed regarding injuries found on their persons. PW-7 Kuljit Singh mainly deposed regarding the sanction order Ex.PN. PW-8 Gian Singh, Junior Assistant, SSP Office, Fatehgarh Sahib brought service book of ASI Mohinder Singh to prove his posting at Police Post Kheri Naudh Singh. PW-9 HC Sahib Singh brought the Roznamcha maintained by Police Post Kheri Naudh Singh. Ex.PQ is copy of DDR No.15 dated 3.7.2005, according to which ASI Mohinder Singh had joined as ASI at Police Post Kheri Naudh Singh. PW-10 Mandip Singh also deposed as per prosecution version. PW-11 Jaspal Singh, DSP Vigilance, Fatehgarh Sahib is the Investigating Officer, who deposed regarding the investigation conducted by him in this case. At the close of prosecution evidence, the accused was examined under Section 313 Cr.P.C. and was confronted with the evidence of the prosecution, but he denied the correctness of the evidence and pleaded himself as innocent. He stated that he was falsely implicated by the Police due to party faction prevailing in Village Mohan Majra, Police Post Kheri Naudh Singh, Police Station Khamanon.