ATMA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Atma Ram appellant stands convicted and sentenced to rigorous imprisonment for two years and a fine of Rs. 500, in default further rigorous imprisonment for six months, under section 5(l)(d) of the Prevention of Corruption Act by the Special Judge, Jind, vide his order dated 12th September, 1983.

(2.) In August, 1982, the appellant was posted as Assistant Sub-Inspector of Police Station, Rajaund. On 15th August, 1982, the appellant registered a case against Darshan Singh P.W. 6 under the Excise Act. Darshan Singh was arrested by the appellant and was released on bail. The appellant is alleged to have told Darshan Singh P.W. that he should pay Rs. 300 to him, otherwise be would be taken to the police station at Rajaund and he would have to incur the expenses for that. Since Darshan Singh did not have any money on him he agreed to pay the amount later on. Two or three days after the demand made by the appellant a Constable approached Darshan Singh P.W. telling him that he should send the money to the appellant, otherwise he would be challaned in some other case. Since Darsban Singh did not want to pay illegal gratification he went to the office of the Vigilance Staff at Jind and made application Exhibit P.K. before Vigilance Inspector Sultan Singh P.W. 9. Darshan Singh produced three currency notes of the denomination of Rs. 100, Exhibits P. 1 to P. 3. The Vigilance Inspector noted down the numbers of the currency notes and applied phenolphthalein powder to the currency notes. and gave those back for being passed on to the appellant as illegal gratification. Ram Chander P.W. was directed to act as a shadow witness. The party headed by the Vigilance Inspector proceeded towards Rajaund in a car. The appellant had gone to Jind that day and he came back at about 6 p.m. and met Darshan Singh at the bus stand. The appellant asked him about the money and he replied that he had arranged for the same. The appellant took Darshan Singh to the hotel of one Subhash. Both of them were followed by Ram Chander P.W. Currency notes Exhibits P. 1 and P. 3 were passed on to the appellant who placed the same into the right pocket of his shirt. On a signal having been given by Ram Chander P.W., Vigilance Inspector Sultan Singh reached there with the raiding party and after observing due formalities he searched the appellant and recovered currency notes Exhibits P. 1 to P. 3 from his shirt pocket. The numbers of the currency notes were compared and the same tallied. The appellant was made to wash his hands in a solution of sodium carbonate. The colour of the same turned pink. It was converted into a bottle and sealed. The pocket of the shirt was also washed in a similar solution. The colour of the same turned pink. The same was also converted into a bottle. The uniform of the appellant, Exhibit P. 8, was taken into possession. The appellant was arrested and after obtaining sanction for prosecution was sent up for trial.

(3.) The appellant, when examined under Section 313 of the Code of Criminal Procedure, denied the prosecution allegations. He came out with the following version: The prosecution witnesses are desperadoes. At the time of arrest of Darsban Singh on 15.8.1982 he gave a threat to me either to get me transferred or involved in a false case for which I made a note in case diary of the said case and also informed the D. S. P. and S. H. 0. Ram Chander is also a notorious character. Same is the case of Mohabat Singh. They involved me in this false case at the instance of S. H. 0. Mewa Singh who was junior to me, I am innocent At about 7.30 p. m. got down from the bus. I went inside the room of the hotel of Subhash. I was taking tea at that place. P.W. tried to put the notes secretly in my pocket from my behind. I threw the notes on the ground. I was arrested and involved in this case. TI In defence he examined Constable Raj Kumar as D. W. 1. He produced copy Exhibit DC of F.I.R. No. 54 dated. 5th March, 1978, of Police Station, Assandh. D.W. 2 Ram Kishan Moharrir Head Constable brought F.I.R, No. 47 dated 17th March, 1972, of Police Station Sadar, Jind. A copy of the same is D.D. showing the conviction of Mohabat Singh PW 8. DW 3 Avtar Singh Moharrir Head Constable produced the file showing the arrest of Darshan Singh in an excise case and also a note made by the appellant in the zimni. He also proved the record showing that Darshan Singh was a bad character. DW 4 Mohinder Singh Constable produced copy Exhibit DJ of F. I. R. No. 134 dated 12th March, of Police Station, Rohtak. DW 5 Prem Singh Naib Court in the Court of the Judicial Magistrate First Class, Jind, brought the file relating to case State v. Darshan Singh regarding F.I.R. No. 195 dated 15 th August, 1982 of Police Station, Rajaund. He produced copies of zimnis Exhibits DW 51 A and DW 5/B.