RAM KARAN (DECEASED) Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAM Karan accused -appellant has directed the present appeal against the judgment and order dated 09.10.2000 passed by Shri M.L.Malhotra, the then learned Special Judge, Fatehgarh Sahib vide which the accused stood convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 ( in short the Act ) and sentenced to undergo rigorous imprisonment for a period of two and half years and to pay a fine of Rs.2500/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 7 of the Act and to further undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1500/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 13(2) of the Act. Both the sentences were, however, ordered to be run concurrently.

(2.) IN brief, case of the prosecution is that Mohan Singh complainant on 26.9.1995 and his brothers approached accused Ram Karan Patwari of their halqa for entering the mutation on the basis of the decree passed by the Civil Court. Ram Karan Patwari demanded from the complainant Rs.3000/ - as bribe for entering the mutation. The complainant pleaded that he was unable to pay that much amount being poor man. On repeated requests of the complainant, accused agreed to have Rs.2000/ - as illegal gratification. Complainant took Amarjit Singh into confidence and apprised him of the demand made by the accused. Since he was not willing to pay bribe for getting his work done, he along with Amarjit singh came to the office of the Vigilance Bureau Unit, Fatehgarh Sahib and met Raghbir DSP. Complainant disclosed aforesaid facts to the DSP and presented Rs.2000/ - in the form of two five hundred rupees currency notes and ten hundred rupees notes. The DSP recorded statement and applied phenolphthalein powder on the said currency notes and handed over the same to complainant Mohan Singh with a direction to pass on the same to the accused on his demand. Before handing over these notes, the DSP also conducted the search of the complainant to find out if he had anything with him and thereafter handed over the same to the complainant. Amarjit Singh was deputed as a shadow witness with a direction to hear the conversation between the complainant and the accused and on handing over the tainted currency notes to the accused, on his demand, Amarjit Singh should give signal by touching his hand on his head. Statement of the complainant was sent to the Police Station, Vigilance Bureau, Patiala for the registration of the case, on the basis of which formal FIR was registered by Inspector Darbari Lal.

(3.) AFTER the above pre -trap proceedings, one Satish Kumar Depot incharge, FCI Sirhind was associated as a witness. A raid was conducted. The complainant and the shadow witness went to the office of the accused near the FCI Godowns. The raiding party stopped there. The complainant and the shadow witness were sent to the office of the accused and when they reached there, accused was sitting in the verandah where chairs and table were lying. On seeing the complainant, accused demanded the bribe money from the complainant so that his work was done. The complainant sat on the Bench lying near the table of the accuserd. He handed over the tainted currency notes to the accused, who placed the same in the right drawer of the table. Amarjit Singh went out to give signal. Thereafter, DSP along with other members of the raiding party reached there. Accused was apprehended from the wrists and the DSP gave his introduction and arranged a glass of clean water. Sodium carbonate was added in the water and in the solution. Accused was made to wash the fingers of his both hands, which changed the colour of the solution into pink. It was put in nip, sealed with seal RS. A sample seal was also prepared and the seal was given to Satish Kumar Sharma PW. The nip was taken into possession. On search of the drawer of the table of the accused, tainted currency notes were recovered. Their numbers were compared with the numbers given in the handing over memo, which were tallied and were taken into possession. Personal search of the accused was also conducted. Various proceedings were conducted at the spot. Site plan of the place of occurrence was prepared. Statements of the PWs were recorded. After completion of necessary investigation, challan against the accused was presented.