NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Nirmal Singh has challenged the conviction and sentence passed by the trial Court under Section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988.

(2.) THE brief case of the prosecution is that PW5 Shingara Singh had taken the land of one Jhalman Singh situated in village Uppal Khalsa. There was an electric connection in the said field for running tubewell. On 9.11.2000, accused Nirmal Singh, Assistant Lineman attached to Punjab State Electricity Board, Circle Nakodar came alongwith other employees to the motor room situated in the above field. The accused took possession of 2 condensors and informed the servant at the field that PW5 Shingara Singh should meet him if at all he wanted to save himself from the imposition of penalty by the Electricity Board. On the same day, PW5 Shingara Singh met the accused. The accused demanded a sum of Rs. 1200/ - as bribe for returning the condensors and also to save PW5 from imposition of penalty by the Electricity Board. Ultimately, the amount was settled at Rs. 500/ -. As PW5 did not want to pay the money as bribe to the accused. He approached PW9 DSP Amrik Singh alonwith shadow witness PW6 Shingara Singh on 10.11.2000. PW5 produced 5 currency notes of the denomination of Rs. 100/ - each. The notes were treated with phenolphthalein power. Phenolphthalein test was demonstrated to the witness by the DSP. PW7 Simru Ram, Assistant Food and Supply Controller, Jalandhar was also associated by the raiding party.

(3.) THE raiding party proceeded to village Pandori in a Government vehicle. PW5 and PW6 were sent out of the farmhouse. PW5 delivered the currency notes to the accused who accepted the same. The police party on signal arrived at the exact place of occurrence and recovered the amount from the possession of the accused. Phenolphthalein test conducted over there proved positive.