OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Om Parkash appellant against his conviction recorded by the learned Special Judge, Narnaul, who vide his order dated 1.2.1983, sentenced him to R.I for three years each and fine of Rs. 100/- in default R.I. for three months under section 5(2) of the Prevention of Corruption Act, 1947 and under section 161 of the Indian Penal Code respectively. The sentences were ordered to run concurrently. Mahabir Parshad, another co-accused of the appellant was also tried along but was acquitted of the charge since the case not stand proved against him beyond doubt.

(2.) IN the month of October, 1981, the appellant was posted as Clerk in the office of Block Development and Panchayat Office (hereinafter 'B.D. P.O.') at Nangal Chaudary, Narnaul. The District Rural Development Authority (hereinafter called 'D.R.D.A.') used to disburse loans to needy members of the Co-operative Societies for the purchase of milch cattle. Application forms for the same were being supplied by the office of B.D. P.O. Nangal Chaudhary free of cost. Roshan Lal PW 6 approached Mahabir Parshad for the supply of the aforesaid forms at which he demanded Rs. 20/- as illegal gratification. Since Roshan Lal complainant did not have the money, he promised to pay the same the Mahabir Parshad in the evening. As Roshan Lal complainant did not want to pay the illegal gratification, he contacted his two colleagues of the department, namely Dharam Pal PW7 and Kuljit Singh PW8. All the three then went to the office of the Vigilance Bureau at Gurgaon. Roshan Lal complainant made a statement Exhibit PC before the Vigilance Inspector Ved Raj PW 12, on the basis of which formal first information report Exhibit PW/1 was registered at Police Station, Gurgaon. He produced one currency note of the denomination of Rs. 20/-, Exhibit P-1 before the Inspector, who initialled the same, noted down its number and treated the same with phenolpht halien powder and handed over the same to Roshan Lal complainant for being passed on as illegal gratification to Mahabir Parshad. Dharam Pal DW 7 was directed to act as a shadow witness. Roshan Lal complainant PW 6, Dharam Pal PW 8 and Kuljit Singh PW 8 went to the office of B.D.P.O. followed by the raid party headed by Vigilance Inspector Ved Raj PW 12. When they tried to pass on the money to mahabir Parshad, he told them to get the form from the appellant and pay the money to him. The money was consequently paid to the appellant and he put the same in the pocket of his shirt and handed over the forms to the complainant. On a signal being given by Dharam Pal PW, Vigilance Inspector Ved Raj PW 12, after disclosing his identity and observing due formalities apprehended the appellant and on his search the same currency note Exhibit P-1 was recovered from his pocket. Its number tallied with the number noted down by the Vigilance Inspector. The appellant was asked to wash his hands in the solution of sodium carbonate. The colour of the same turned pink which was converted into a nip. In a similar solution, currency note Exhibit P-1 was dipped. Its colour also turned pink. The pockett of the bushirt of the appellant, Exhibit P-2 was also washed in a similar solution, the colour of the same also turned pink. Recovery memos Exhibit PE, PF, PG, PH and PK were prepared on the spot. At that time, Tara Chand PW9 and Jagmal Singh PW 10 were also present and they witnessed the recovery. Currency note Exhibit P-1 and Bushirt Exhibit P-2 were also taken into possession. After obtaining sanction for the prosecution, the appellant was sent up for trial.

(3.) THE prosecution, in order to establish its case, examined Hari Kishan, Head Assistant, Directorate of Panchayats, Haryana. He proved the sanction Exhibit PA for the prosecution of the appellant. Days Singh PW2 was tendered. Ram Chander DSP, C.I.D. Hissar PW3, and Kartar Singh Inspector PW4 partly investigated the case. Kharati Lal DSP put up the papers of this case before the Director of Panchayats for granting sanction for the prosecution of the appellant. Roshan Lal PW6 is the complainant. Dharam Pal PW7 is the shadow witness. Kuljit Singh PW8 is another eye-witness of the recovery and the passing on of the money to the appellant. Tara Chand PW9 and Jagmal Singh PW10 are the other two witnesses of the recovery. Pehlad Sharma PW11 prepared site plan Ex. PO. Ved Raj PW12, Vigilance Inspector, organised the raid and recovered the tainted currency note Exhibit P-1 from the appellant.