DILBAGH SINGH Vs. CENTRAL BUREAU OF INVESTIGATION, CHANDIGARH

JUDGEMENT

(1.) Appellant had faced trial in FIR No.10 dated 10.03.2002 under Section 120-B of the Indian Penal Code, 1860 (in short 'IPC') read with Sections 7, 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short 'Act') registered at Police Station CBI/ACB/SPE, Chandigarh.

(2.) Prosecution story, in brief, is that complainant approached the Central Bureau of Investigation (in short 'CBI'), Chandigarh on 10.03.2002 by moving a complaint that accused were demanding bribe to the tune Rs. 1,000/- from him for releasing medical allowance of his grand-father Ramji Lal, an Exserviceman. On the basis of the complaint moved by the complainant, formal FIR was registered. Inspector Raj Singh who was authorized to investigate the case, organized a raiding party. Complainant Mange Ram was directed to meet the CBI team on 11.03.2002 at 9.00 a.m. at petrol pump, Hisar. Jag Mohan Mittal and Ashok Sharma were joined as independent witnesses and the members of the raiding team and were introduced to each other. Complainant handed over 10 currency notes in the denomination of Rs. 100/- each to the Inspector, who after treating the same with phenolphthalein powder (in short 'p.powder'), returned the same to the complainant. Complainant was directed to hand over the said currency notes to the accused on demand. Demonstration of working of p.powder was shown to the witnesses. Jag Mohan Mittal was deputed to act as a shadow witness and was directed to give a signal to the raiding party after the bribe money was accepted by the accused on demand. Thereafter, the raiding party left for the raid. Complainant and shadow witness went inside the office of the accused at about 11.30 a.m. Appellant- Dilbagh Singh inquired from the complainant as to whether he had given the bribe money to accused Om Parkash Sethi who was not present at that time. Complainant replied in the negative. In the meantime, Om Parkash Sethi came to his seat which adjoined the seat of the appellant. After discussion with the appellant, accused Om Parkash Sethi directed the complainant to accompany the appellant and deliver the bribe money to him. Accused-Om Parkash Sethi assured the complainant that needful would be done forthwith.

(3.) Thereafter, complainant accompanied the appellant to another room and placed the tainted currency notes under the bundle of computerized papers at the instance of the appellant. On receipt of signal from the shadow witness, Inspector Raj Singh along with other members of the raiding party, reached the spot. Appellant-Dilbagh Singh tried to escape from the spot but was overpowered by the members of the raiding party. Complainant pointed out towards accused-Om Parkash Sethi and the said accused was apprehended. Complainant and shadow witness disclosed the manner of demand and acceptance of bribe to Inspector Raj Singh. Tainted currency notes were recovered and were taken in possession. After completion of investigation and necessary formalities, challan was presented against the appellant.