BANARSI DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common judgment, I intend to dispose of CRA-S- 2071-SB-2005, titled 'Banarsi Dass vs. State of Haryana' and CRA-S- 1393-SB-2008, titled 'State of Haryana vs. Banarsi Dass' as these have arisen out of the same judgment of conviction and order of sentence dated 21.11.2005 .

(2.) Criminal Appeal No.S-2071-SB of 2005, titled 'Banarasi Dass vs. State of Haryana' has been filed challenging the judgment of conviction and order of sentence dated 21.11.2005 passed by learned Special Judge, Ambala whereby the appellant has been convicted and sentenced under Section 7 of the Prevention of Corruption Act, 1988 (in short '1988 Act') to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo further rigorous imprisonment for a period of one month, in a case arising out of FIR No.5 dated 23.01.2003, registered at Police Station SVB, Ambala, under Sections 7 and 13(1) (d) of the '1988 Act'. '1988 Act'.

(3.) Criminal Appeal No.S-1393-SB-2008, titled 'State of Haryana vs. Banarsi Dass' has been filed against the judgment of conviction and order of sentence dated 21.11.2005 and a prayer for enhancement of the sentence has been made. For convenience, facts are being taken from Criminal Appeal No.S-2071-SB-2005, titled 'Banarsi Dass vs. State of Haryana'. Brief facts of the case are that complainant-Sukhbir Singh (PW 11) requested appellant-accused, Banarsi Dass to connect his electricity connection which was disconnected for non-payment of the electricity bill. However, the appellant demanded illegal gratification of Rs. 500/- which was not acceded to by the complainant. Despite consistent refusal by the complainant, demand of the appellant was persistent which constrained the complainant to approach SVB, Yamuna Nagar with application (Ex.P-1). Endorsement Ex.P1/A was made on the complaint of complainant and it was sent through Constable Ramesh Chand for registration of the case. On the application (Ex.P-9) moved by Inspector Des Raj, investigating officer, before the Deputy Commissioner, Yamuna Nagar, Sh. Mahavir Parshad (PW 7) was directed to join the investigation/raid. The investigating officer along with complainant and other police officials approached the office of City Magistrate where the complainant handed over four currency notes of denomination of Rs. 100/- each and two currency notes of denomination of Rs. 50/- each to the investigating officer in the presence of City Magistrate and list of currency notes (Ex.P-11) was prepared. The investigating officer applied phenolphthalein powder on the currency notes and made his initials on those currency notes and handed over the same to the complainant vide memo Ex.P-12. Constable Jarnail Singh was made shadow witness. The complainant handed over the currency notes of Rs. 500/- to the accused. Thereafter, the police party directed the appellant to give the bribe money received by him from the complainant. The currency notes of Rs. 500/- were recovered from the possession of the appellant. Those notes were found to be same which were smeared with phenolphthalein powder and had been handed over to the complainant for giving bribe to the accused. After completing other formalities, three nips of solutions, currency notes in an envelope and trouser separately were converted into parcels and were sealed with the seal of 'DR'. All these articles were taken into police possession vide recovery memo Ex.P-13. The record was taken into police possession vide recovery memo Ex.P-6. After obtaining sanction order Ex.P-8, charge-sheet was filed against the appellant-accused to stand trial under Sections 7 and 13 of the '1988 Act'.