HUKAM CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HUKAM Chand son of Takhtu Ram aged 42 years Line Superintendent Punjab State Electricity Board, Sub Division, Barri Wala. stands convicted and sentenced as under :

(2.) THE case of the prosecution briefly is that the accused appellant was working as a Line Superintendent Punjab Electricity Beard, Sub Division, Barri Wala, District Faridkot. Mohinder Singh complainant (PW 3), resident of village Jasseana, wanted electric connection for his tubewell and made an application of the same on 31.5.1979 therefore and the electric connection was sanctioned on 27.6.1979. He further alleged that he contacted the accused on 10.7.1979 for the purpose but the accused demanded Rs. 100/- as bribe to accomplish the job. The bargain was ultimately struck at Rs. 50/- Mohinder Singh PW 3 promised to bring the money on the following day. But, on 11-7-1979, instead of going to the accused, he went to Gurdial Singh Vigilance Inspector (PW 6) and made a statement before him about the whole matter. The Inspector recorded his statement Exhibit PA. Mohinder Singh PW3 then produced three currency notes, two of the denomination of Rs. 20/- each and the third of the denomination of Rs. 10/- Exhibits MO1 to M03 respectively, before the Inspector who applied phenolphathalein powder to these currency notes. The numbers of the currency-notes were noted down by the Inspector and the same were given back to Mohinder Singh PW 3 in the presence of Constable Sukhdev Singh. The Inspector along with Mohinder Singh complainant PW 3, constable Sukhdev Singh and one Joginder Singh PW, went to Barriwala Town where the complainant was to pay the amount to the accused-appellant. Joginder Singh was sent as a shadow witness. Mohinder Singh complainant contacted. The accused and paid him the aforesaid currency notes. After the payment was made to the accused, PW Joginder gave a signal, as arranged earlier, on which Inspector Gurdial Singh PW 6 and Constable Sukhdev Singh reached the office of the accused. Shri Prem Parkash Kaushal S.D.O. was then called through Constable Sukhdev Singh. The Inspector washed his bonds in the plain water. Sodium Carbonate powder was then put in that matter his instance Shri Prem Parkash Kaushal S.D.O., then washed his hands in that solution but the colour of the solution remained unchanged. Hukam Chand accused then asked to dip his hands in that solution, but, in his case. The colour of the solution became light pink. That solution was Out in dip Exhibit M04.The accused was asked by the Inspector to hand over the currency note which he had accepted from Mohinder Singh PW3. The accused then took out the currency notes Exhibits MOI to M03 from the pocket of his bushshirt Exhibit M05 and handed over the same to the Inspector. The numbers of these currency notes were compared with those noted down in Memo Exhibit PD. The Inspector round them to be the same. The inner side of the pocket of the bush-shirt of the accused was also washed with the solution of medium carbonate. The colour of that solution too turned pink and the solution was put in nip Exhibit M06. The currency-notes bush shirt and the nips were taken into possession, vide memo, Exhibit PE. Purse Exhibits containing cash of Rs. 10.1.28 was recovered from the personal search of the accused and it was also taken into possession vide memo Exhibit PF. On the basis of statement Exhibits PA of Mohinder Singh PW3, formal FIR Exhibit p/2 was recorded at the Police Station Sadar, Muktsar, on 11.7.1979 at 8.30 a.m.

(3.) THE prosecution, in order to prove its case against the appellant produced Sant Lal Arora PW1 who proved the sanction. Exhibit PB regarding the prosecution of the appellant. PW2 Mohan Lal brought the files relating to the application of Mohinder Singh PW3 for tube-well connection as also the sanction therefore by Shri Prem Parkash Kaushal S.D.O. (PW4) PW3 Mohinder Sing is the complaint himself who related the whole occurrence. PW4 Shri Prem Parkash Kaushal was the Sub-Divisional Officer posted at the relevant time at Barri Wala Town. PW5 Joginder Singh was the shadow witness who was tendered only for prosecution PW6 Gurdial Singh Sodhi. Vigilance Inspector, investigated the case.