ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant had faced trial in FIR No.29 dated 22.7.2002 under Sections 7, 13(1)(d)) read with Section 13(2) of the Prevention of Corruption Act, 1988 ('the Act' for short) registered at Police Station SVB Ambala.

(2.) Prosecution story, in brief, is that a fight had taken place between Risal Singh and Des Raj with their neighbours on 18.7.2002. In the said fight, Risal Singh and Des Raj suffered injuries and they were brought to the Community Health Centre ('CHC' for short), Kalayat for treatment. Appellant refused to examine the injured and the injured was taken to Civil Hospital, Kaithal. On a complaint moved by the complainant- Ramesh Chand, appellant was directed to examine the injured. Appellant,however, demanded Rs. 2000/- for doing the needful. Complainant paid Rs. 500/- to the appellant and told the appellant that he was unable to pay another sum of Rs. 1500/-. Complainant approached the Deputy Commissioner, Kaithal. Inspector- Kulwant Singh ordered the registration of FIR on the basis of the statement of the application moved by the complainant. Thereafter, a raid was organized. Complainant handed over two currency notes in the denomination of Rs. 500/- each and five currency notes in the denomination of Rs. 100/- each to the Inspector-Kulwant Singh. Inspector returned the currency notes to the complainant after application of phenolphthalein powder (hereinafter referred to as P.Powder). The currency notes were also initialed by the Inspector Vigilance and witness Sanjeev Verma. Complainant was directed to hand over the tainted currency notes to the appellant on demand. Mahesh Kumar 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 appellant on demand. Thereafter, the raiding party left for the raid. Complainant and shadow witness went inside the office of the appellant. Complainant handed over the tainted currency notes to the appellant.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant.