SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by accused-appellant Sarabjit Singh against the judgment and order dated 8.2.1994 passed by the Special Judge, Ferozepur, convicting the accused-appellant under Section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to undergo RI for one year and to pay fine of Rs. 250/- and in default of payment of fine, to undergo further RI for 15 days.

(2.) THE facts in brief are that on 29.7.1991 at about 4.00 pm. Balwant Singh PW made statement Exhibit PA before Inspector Babu Singh of Vigilance Bureau, Ferozepur, in his office. In the said statement, it was alleged by Balwant Singh that he is a resident of village Sardardinwala and was doing cultivation and that they were three brothers and he used to do the domestic work. It was alleged that their land measuring 6 killa was situated near the canal at the Metalled Road. It was alleged that some days back, there was dust storm at a high speed as a result of which some branches of various trees had fallen on the road and some branches fell in their paddy crop as a result of which damage was caused to their paddy crop. It was alleged that in order to avoid further damage to the paddy crop, they removed the branches of the trees and took the same to their house and burnt the same. It was alleged that accused Sarabjit Singh came to know about it and on 26.7.1991, he came to their fields and called him and he went to him whereupon accused Sarabjit Singh told him the had cut the wood of the forest department from near the road and in front of his land and he was going to the police station to lodge a report againt him and he wrote his name on a piece of paper on which he had written the names of other persons. It was alleged that he told him that he should pay a sum of Rs. 1000/- as bribe to him otherwise he would get him behind the bars. It was alleged that he requested for mercy and thereupon he agreed to accept Rs. 500/- as bribe and not to lodge the report with the police and assured that he would destroy the paper. It was alleged that he told him that money was not readily available with him at that time, whereupon accused Sarabjit Singh told him that since he was to go out for two days, he should pay the money on Monday i.e. 29.7.1991 in the afternoon at his house and that he would destroy the papers. It was alleged that since he was against giving illegal gratification, he (Balwant Singh) along with Lakha Singh had come to the Vigilance Bureau and had produced Rs. 500/- and that necessary action may be taken. Thereafter, after recording the aforesaid statement of Balwant Singh, Inspector Babu Singh applied phenolphthalein powder to the currency notes and returned the same to Balwant Singh PW with a direction to hand over the same to accused Sarabjit Singh whereas Lakha Singh PW was directed to act as a shadow witness and to give signal to the raiding party after the amount was passed on to the accused on demand. Necessary memos were prepared in this regard. Thereafter, Inspector Babu Singh sent the said statement of Balwant Singh PW Exhibit PA along with his endorsement with regard to the above said proceedings to the Police Station on the basis of which formal FIR Exhibit PA/2 was recorded in Police Station, City Ferozepur at 4.15 p.m. on 29.7.1991 under Section 13(2) of the Prevention of Corruption Act, 1988. In the meanwhile, the raiding party was formed in which Natha Ram PW (Inspector of PUNSUP) was also joined and introduced to other witnesses. Thereafter, the raiding party left for the house of the accused and Balwant Singh and Lakha Singh PWs were sent inside the house along with currency notes with a direction to Lakha Singh PW to give signal to the raiding party after the money had passed on to the accused. On receipt of necessary signals from Lakha Singh PW, the raiding party headed by Inspector Babu Singh, reached the house of the accused and Inspector Babu Singh disclosed his identity to the accused. The hands of the accused were got washed in a mixture of Sodium Carbonate and the colour turned pinkish and the hand wash was taken into possession vide recovery memo. Thereafter, the search of the accused was taken and five currency notes of the value of Rs. 500/- were recovered from the pant's pocket of the accused and the serial number on the currency notes tallied with the currency notes noted by the Inspector. The said currency notes were taken into possession vide recovery memo. The pocket of the pant of the accused was also washed in the mixture of Sodium Carbonate and the colour turned pinkish and the pocket wash was also taken into possession vide recovery memo. The accused was formally arrested in this case. After investigation, the challan was submitted against the accused.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.