AMRIT LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shri Amrit Lal Kalia, Junior Engineer (under suspension) in the Punjab State Electricity Board, has been convicted by the Special Judge, Gurdaspur, under Section 5(2)/5(1)(d) of the Prevention of Corruption Act and had been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/- or in default to undergo further rigorous imprisonment for two months. The finding against the appellant was that on 22nd June, 1970, in the discharge of his official, he had accepted a sum of Rs. 60/- from the complainant Narinder Singh P.W. as consideration for not reporting that the complainant was using a thrasher in an unauthorised manner from the electric connection which had been sanctioned for the running of a tubewell in village Wadala Bangar. Shri Amrit Lal has come up in appeal to this Court against his conviction and sentence.

(2.) The prosecution story is that the complainant's brother Shri Sukhdev Singh P.W., who is a school teacher in village Nowshahar Majja Singh, had been sanctioned two electric connections for the running of tubewells on his land in village Wadala Bangar. During the harvesting season for Rabi, 19 0, these brothers had installed a thrasher which was being rum in an unauthorised manner from one of the tubewells connections. The appellant had visited the site of the tubewell connection on the morning of 22nd June, 1970 at was present, why the thrasher had been installed without permission. Narinder Singh replied that everybody else was doing the same but the appellant threatened to cut off the connection unless he was paid a sum of Rs. 60/- as illegal gratification. In the event of the money being paid, the appellant promised not to report the matter to the higher authorities. The complainant replied that he did not have the money with him at the time but that he would bring it to the appellant's office in Kalanaur later the same day. The appellant left the place after receiving this assurance.

(3.) As the tubewell connections were in the name of the complainant's brother Shri Sukhdev Singh, he was also contacted and the two brothers reached Kalanaur Mandi at about 11.30 A.M. as they were being harassed by the Electricity Department, they decided to lay trap. S.I. Sowarn singh of the Vigilance Staff who belongs to village Nowshera Majja Singh where the complainant's brother was posted was taken P.W. pleads ignorance during his cross-examination as to whether S.I. Sowarn Singh's sons are studying in his school. These persons reported the matter to Inspector Gurbux Singh of the Vigilance Department in Gurdaspur City, who happened to be present near a temple in Kalanaur at about 1 P.M. on 22nd June, 1970. Narinder Singh made the statement, Exhibit P.A., and S.I. Sowarn Singh wrote it out on the Inspector's dictation. After Narinder Singh P.W. had signed the statement, six currency notes (Exhibits P. 1 to P.6) of Rs. 10/- denomination each were produced by the complainant and were treated with phenolphthalein powder after giving the usual demonstration as to show this power can turn a colourless solution of sodabicarb into ink colour. These currency notes were returned to Narinder Singh P.W. for being passed on to the appellant. Memo, Exhibit P.C., was prepared about these proceedings and an endorsement to that effect was also made on the first information report, Exhibit P.A, which was sent to the police station for the registration of the case. The trap party comprising of P.Ws. Narinder Singh, Sukhdev Singh, Banta Singh Lambardar, Sub-Inspector Sowarn Singh and Inspector Gurbux Singh then set out for the appellant's office. Budha Singh Sarpanch appears to have joined them on the way as he has not attested the memo, Exhibit P.C., and the presence is not mentioned in the proceedings recorded near the temple.