NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Narinder Singh appellant stands convicted and sentenced to two years rigorous imprisonment and a fine of Rs. 500, in default further two months rigorous imprisonment, under Section 5(2) read with Section 5(1 led) of the Prevention of Corruption Act and to one years rigorous imprisonment under Section 161 of the Indian Penal Code by the Special Judge, Amritsar, vide his order dated 3rd December, 1983. Both the substantive sentences of imprisonment have been ordered to run concurrently.

(2.) In the month of May, 1982, the appellant was working as a Head Clerk in the Land Reclamation Office at Amritsar. Sikander Singh complainant P.W. 2 was working as a Beldar in Rayya Section of Jandiala Division in the Irrigation Department. Sikander Singh P.W. was suspended by the Executive Engineer, Jandiala Division, on 31st July, 1980, but was reinstated on 29th July, 1981. Thus Sikander Singh was entitled to recover his arrears of pay for the period be remained under suspension. Sikander Singh approached the appellant for the payment of the arrears of his pay many a time but he was put off by the appellant on one pretext or the other. On 4th May, 1982, at about 9 a.m. Sikander Singh met the appellant in his office and repeated his request for the preparation of his salary bill regarding the arrears. The appellant demanded Rs. 200 as illegal gratification. Ultimately it was agreed between the appellant and Sikander Singh bat the latter would pay Rs. 59 at the outset and that the balance of Rs. 50 would be paid after the arrears had been received. Sikander Singh told the appellant that he would get the money from his brother and come back with the same. Since Sikander Singh was averse to the payment of illegal gratification, he approached Harbhajan Singh Vigilance Inspector P.W. 7. Harbhajan Singh P.W. called Babadur Singh P.W. from outside through a Constable. Sikander Singh made statement Exhibit P.B. before Harbhajan Singh Vigilance Inspector. On the basis of the same formal first information report Exhibit PB/2 was recorded at Police Station Civil Lines, Amritsar, on 4th May,T 1982, at 3.50 p.m. Sikander Singh P.W. passed on five currency notes Exhibits P1 to PS of the denomination of Rs. 10 each. The same were initialled by the Vigilance inspector and their numbers were noted down. After treating currency notes Exhibits P1 to PS with phenolphthalein powder the Vigilance Inspector gave these back to Sikander Singh P.W. for being passed on to the appellant. Babadur Singh P.W. was directed to act as a shadow witness. Mool Raj P.W. 4 was called from the office of the Deputy Commissioner and also joined with the raid party. The raid party went in a jeep tip to the petrol pump from where Sikander Singh and Bahadur Singh P.Ws. were directed to go ahead to the office of the appellant. They were followed by the remaining members of the raid party. On seeing Sikander Singh and Bahadur Singh P.Ws. the appellant came out of his office and asked for the agreed amount. Sikander Singh P.W., handed over currency notes Exhibits P1 to PS to the appellant who put these in the right side pocket of his trousers. On receipt of a signal from Bahadur Singh P.W., Harbhajan Singh and other members of the raid party went to the office of the appellant from where Shri Darshan Singh, Executive Engineer, Jandiala Division, was also joined. Harbbajan Singh Vigilance Inspector then searched the person of the appellant and currency notes Exhibits P1 to PS were recovered from the right side pocket of trousers Exhibit P6 of the appellant. The numbers of the currency notes were compared. They tallied with the numbers noted down by the Inspector. The appellant was made to wash his hands in a solution of sodium corporate. The colour of the same turned pink. The pocket portion of trousers Exhibit P6 was also washed in the same type of solution. The colour of that solution also turned pink. The pink-colored solution was converted into nips. The appellant was arrested and after obtaining sanction for prosecution he was sent up for trial.

(3.) When examined under section 313 of the Code of Criminal Procedure, the appellant denied the prosecution allegations and filed written statement Exhibit DX. Its relevant portion reads as under: On May 4, 1982, at about 3 p.m. he received his salary amounting to Rs. 1184/ from G. S. Bhatia and returned to his seat in the office room. Meanwhile, Sikander Singh (complainant) came to him. Gurcharan Singh and a few more officials were than sitting therein. Sikander Singh sat close to him and asked him with folded hands to prepare his salary arrears bill. He asked him to appear before the Executive Engineer and make an application to him so that the Accountant could prepare the bill and further asked him to see the Accountant. In the meantime, he had the feeling that he (Sikander Singh) had put something in the pocket of his pant. He then had just felt his pocket from outside and was about to put his hand in it to ascertain as to what he had inserted therein when two constables held him. Whole of the office amongst whom there were Amolak Ram, Surat Singh and G. S. Bhatia turned up there. Fingertips of his hands were dipped in spite of his protest there against on the plea that he had not touched the currency notes. When the. colour in one solution did not change, all the officials including the Executive Engineer raised slogans against Harbhajan Singh. He could not render proper answer to the situation and hurriedly departed there from carrying with him the articles. Fifty rupee currency note (Ex. P7) was not recovered from him, In defence he examined Jagjit Singh Superintendent of the office of the Director of Research, Irrigation, Amritsar. He stated that it was not of the duty of the appellant to prepare salary bills and that it was the duty of the Accountant to prepare such bills. D. W. 2 Gurcharan Singh Clerk of Jandiala Division supported the version as given by the appellant in written statement Exhibit DX. D.W. 3 Gurbachan Singh Accounts Clerk, Jandiala Division, stated that the appellant was paid Rs. 1,184.60 on 4th May, 1982, as his salary for the month of April, 1982, at about 3 p.m. D. W. 4 Sat Pal Sharma draftsman, Majitha Division, also supported the version as given by the appellant in DX. D.W. 5 Shri L. S. Rana, Scientific officer, Forensic Science Laboratory, Punjab, Chandigarh, stated that the colour of the solution contained in nips Exhibits P8 to P 10 was light pink.