VINOD KUMAR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present judgement will dispose of two criminal appeals bearing CRA No. 1888-SB of 2006 titled as Vinod Kumar Versus State of Haryana and CRA No.1916-SB of 2006 titled as Hoshiar Singh Versus State of Haryana arising out of common judgement and order dated 12/09/2006 passed by special Judge, Ambala vide which the appellant-Vinod Kumar [CRA No. 1888-SB of 2006] has been convicted for the offence punishable under section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') and has been sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.1000/- and in default of payment of fine, to further undergo imprisonment for one month. He has also been convicted under section 13 (2) of the act and sentenced to undergo rigorous imprisonment for a period of 2 years and to pay fine of Rs.2000/- and in default of payment of the same, to further undergo imprisonment for 2 months. Appellant-Hoshiar Singh [CRA No.1916-SB of 2006] has been convicted for the offence punishable under section 8 of the Prevention of Corruption Act, 1988 and has been sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.1000/- and in default of payment of fine, to further undergo imprisonment for one month. All the sentences have been ordered to run concurrently.

(2.) Brief facts of the present case when unfolded by complainant Ram Kumar are that, on 15/06/2001, electricity connection installed in his shop, namely, M/s Pooja Frames, near railway Phatak, Jandli was disconnected due to non-payment of dues. He deposited the dues on 29/05/2001, 05/06/2001 and 12/06/2001 but despite the same, electricity supply was not restored. Accordingly, he contacted appellant Vinod Kumar UDC and JL Sharma, JE who demanded a sum of Rs.1500/- as bribe for restoration of the electricity supply of which Rs.1000/- was for the JE and Rs.500/- was for him. Accordingly, a written complaint (Ex.P-52) was made by the complainant to Superintendent of police, vigilance bureau, Ambala City whereupon the vigilance officer (Investigating Officer) prepared a list of currency notes (Ex.PE) and after applying phenolphthalein powder on the currency notes and getting the same initialled by Inder Singh (PW6) and Inspector Ramphal Singh, SVB Ambala (PW11) were handed over to the complainant for being handed over to accused Vinod Kumar UDC and JL Sharma, JE. Shadow witness Joginder Singh (PW10) was instructed to give signal after acceptance of the bribe and FIR No.19 dated 15/03/2003 under Sections 7/13 of the Prevention of Corruption Act, 1988 and under Section 120-B IPC was registered at Police Station, State Vigilance Bureau, Ambala.

(3.) On raid being conducted by the police officials upon signal by PW10, 8 currency notes of Rs.100/- were recovered from the left pocket of the pant of Hoshiar Singh while 7 currency notes of Rs.100/- were recovered vide recovery memo from pocket of the complainant Ram Kumar. On the said recovery of tainted money, Vinod Kumar UDC was arrested at the spot alongwith Hoshiar Singh while JL Sharma, JE escaped from the spot. On completion of the formalities and after recording the statement of the witnesses, final report under Section 173 Cr.P.C. dated 22/10/2001 was prepared against all the aforesaid accused and was presented before the competent Court whereupon the appellants were charge sheeted for the offence punishable under Section 7, 13(1)(d) of the Prevention of Corruption Act, 1988 while JL Sharma, JE was discharged by the learned Special Judge, Ambala vide order dated 19/02/2003 for want of sanction for prosecution.