LALIT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellant Lalit Kumar against the judgment and order dated 12.3.1992 passed by Special Judge, Hoshiarpur convicting the accused appellant under Section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988 and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for three months.

(2.) THE case of the prosecution, in brief, is that 30.10.1990, Tirath Ram, PW had approached accused Lalit Kumar in his office at Hoshiarpur for getting the indent for issuance of Kerosene Oil passed for the month of November, 1990, whereupon the accused had told him that since the prices of Kerosene Oil had substantially increased, he should pay him Rs. 250/- for getting the quota for the month of November, 1990 released, but, since Tirath Ram pretended that he was not possessed of requisite amount, the accused had asked him to come on the next day. The prosecution allegations further are that Tirath Ram PW did not want to pay the said money as illegal gratification, whereupon he accompanied by Devinder Singh PW had gone to the office of Vigilance Bureau, Hoshiarpur on 31.10.1990 and had told Inspector Darshan Singh in this regard whereupon Inspector Darshan Singh recorded his statement Exhibit PD. Tirath Ram produced two currency notes of Rs. 100/- each and one of Rs. 50/- before Inspector Darshan Singh who applied Phenolphthalein Powder on those currency notes and after noting their numbers, he handed over the same to Tirath Ram vide handing over memo Exhibit PF/1 with a direction to hand over the tainted money to the accused on demand and after getting the recommendation for issuance of indent endorsed in the register, whereas Devinder Singh was instructed to hear the conversation between the accused and Tirath Ram and to give the necessary signal after the acceptance of bribe. He also demonstrated the use of Phenolphthalein Powder and prepared demonstration memo Exhibit PL in this regard. The statement Exhibit PD of Tirath Ram was sent to the Police Station by Inspector Darshan Singh vide his endorsement Exhibit PD/1 on the basis of which formal FIR Exhibit PF/2 was recorded in the Police Station. Inspector Darshan Singh joined Karam Chand PW in the raiding party and thereafter the raiding party left for the office of the accused. On reaching near the office, Tirath Ram and Devinder Singh separated from the other members of the raiding party and they went to the office of the accused while the other members of the raiding party stayed near the Power House. As per the prosecution allegations, when Tirath Ram approached the accused, the accused enquired from him as to whether he had brought the money whereupon Tirath Ram replied in the affirmative and passed on the tainted notes to the accused who put the same inside the inner pocket of his pant and also made an entry in the stock register Exhibit P-7 whereupon Devinder Singh PW gave the necessary signal, whereupon the other members of the raiding party reached the office of the accused. It is further alleged that after disclosing his identity, Inspector Darshan Singh apprehended the accused from his arms and thereafter he prepared solution of water and sodium carbonate and the accused was asked to dip his hands in the said solution. When the accused dipped his hands, the colour of the contents turned pink and thereafter the hand wash was made into a sealed parcel and taken into possession vide recovery memo Exhibit PJ. Thereafter Inspector Darshan Singh searched the person of the accused and recovered currency notes Exhibits P-2 to P-4 from the inner pocket of his pant and the numbers of those currency notes tallied with the numbers recorded in the memo Exhibit PF/1 whereupon those currency notes were taken into possession vide recovery memo Exhibit PG. Another solution of water and sodium carbonate was prepared and the pocket of the pant of the accused was dipped therein and the colour of the solution turned pinkish and the pocket-wash was also made into a sealed parcel and taken into possession vide recovery memo Exhibit PH. Stock register Exhibit P-7 containing the entries made by the accused recommending the issuance of 2430 litres of Kerosene Oil to Tirath Ram was also taken into possession vide recovery memo Exhibit PM, besides taking into possession indent Exhibit P-9 and depot holder register Exhibit PE vide recovery memo Exhibit PK. Rough site plan, Exhibit PP of the place of recovery was also prepared and sanction Exhibit PJ, to prosecute the accused was obtained. After completion of investigation, report under Section 173 Cr.P.C was prepared and challan was submitted in the Court.

(3.) AFTER hearing both sides and perusing the records, the learned Special Judge convicted and sentenced the accused appellant as stated above vide judgment and order dated 12.3.1992. Aggrieved against the same, the accused appellant filed the present appeal in this Court.