SUBHASH CHANDER AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide judgment dated 19.11.2013 in Criminal Appeal-S No. 2170-SB of 2003, this Court had allowed the appeal filed by the appellant-Subhash Chander and set aside the judgment/order dated 13.11.2003 while acquitting the appellant of the charges framed against him under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 by giving him benefit of doubt.

(2.) The present appeal has been filed by the appellants against the order dated 13.11.2003 passed by the Additional Sessions Judge, Bathinda, whereby the appellant Subhash Chander was convicted under Sections 224 and 186 IPC and appellants namely, Mukhtiar Singh, Jagjit Singh, Bahadar Singh, Jarnail Singh, Manohar Lal, Resham Singh and Kaur Singh were convicted under Sections 225 and 186 IPC. Appellant Subhash Chander was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine to the tune of Rs.500/- under Section 224 IPC. In default of payment of fine, he was directed to further undergo rigorous imprisonment for a period of 15 days. The other accused namely Mukhtiar Singh, Jagjit Singh, Bahadar Singh, Jarnail Singh, Manohar Lal, Resham Singh and Kaur Singh were sentenced to undergo rigorous imprisonment for a period of six months each and fine to the tune of Rs. 500/- under Section 225 IPC and in default of payment of fine the defaulter shall have to further undergo rigorous imprisonment for a period of 15 days. All the convicts are also sentenced to pay fine to the tune of Rs.500/- each under Section 186 IPC and the defaulter shall have to further undergo rigorous imprisonment for a period of 15 days.

(3.) The case of the prosecution, in brief, is that on 1.9.1993, Inspector Tek Singh, Vigilance Bureau, Bathind was conducting the Investigation of a case bearing FIR No. 69 dated 1.9.993 under Section 7 & 13 (2) of the Prevention of Corruption Act, 1988 Act against the accused Subhash Chander. Recovery of tainted currency notes had already been effected from the accused Subhash Chander and after preparation of personal search memo of accused Subhash Chander, the witnesses present there as well as accused Subhash Chander were asked to append their signatures/thumb impressions but instead of appending his signatures on the aforesaid memo of personal search the accused started going through its contents. In the meantime, a considerable number of PSEB employees who were holding a rally in connection with a call given for strike on 9.9.1993 came at the spot and started arguing with Inspector Tek Singh and the other members of the raiding party. They also identified themselves to be the members of PSEB Union, who included Mukhtiar Singh, Buta Singh, Resham Singh, Manohar Lal, Jagjit Singh, Mohinder Singh, Bahdadar Singh and Jarnail Singh and a private person namely Bhola Singh. Immediately after their arrival at the spot, they started exchanging hot words and also extended threats to the complainant Karam Singh and shadow witness Ajaib Singh for implicating accused Subhash Chander in a corruption case. Even Mukhtiar Singh and Bahadar Singh also gave slaps on the face of Ajaib Singh. They also caused obstruction in the discharge of official duties by Inspector Tek Singh as well as other officials present at the spot and also threatened them with dire consequences. On the basis of the contents of the ruqa sent by Inspector Tek Singh Ex PE, formal FIR Ex.PE/1 was registered at Police Station Bhikhi. ASI Mangal Singh visited the spot along with some other police officials and carried out the investigation of this case.