PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Paramjit Singh stands convicted under Sections 7 and 13(2) of the Prevention of Corruption Act (for short the Act), vide impugned judgment of learned Special Judge, Faridkot dated 29.8.1996 and has been sentenced to undergo RI for two years and pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo RI for three months under Section 7 of the Act; to undergo RI for one year and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo RI for three months under Section 13(2) of the Act. Both the sentenced, however, have been ordered to run concurrently.

(2.) AGGRIEVED by the impugned judgment of conviction and sentence, the appellant has preferred the instant appeal.

(3.) THE facts of the prosecution case in short are that one Jasvir Singh son of Hakam Singh and Amarjit Kaur was killed by terrorists in August 1991. They had applied for ex gratia grant on account of murder of their son. The allegation further is that the appellant told them that he could help them to get their case cleared for receiving ex gratia grant for which he demanded Rs. 4,000/-. A cheque for Rs. 20,000/- dated 31.8.1992 was delivered to Hakam Singh on 31.8.1992. It was drawn at Union Bank of India, Moga. Amarjit Kaur opened an account in the said bank and it was got encashed on the same day. It is further alleged that on the same day, Hakam Singh and Amarjit Kaur had gone to the office of SDO (Civil) Moga and paid a sum of Rs. 4,000/- to the appellant. The second instalment of the ex gratia grant was of Rs. 30,000/- which was still to be released. The appellant was not clearing his release on one pretext or the other and as such Hakam Singh and Amarjit Kaur made a complaint to Sh. V.K. Janjua, SDO (Civil) Moga PW-3 on 9.2.1993. Their statements Ex. PA and PB respectively were recorded by Sh. Janjua and thereafter he addressed a letter Ex. PC to DSP Moga for the registration of the formal FIR. On receipt of the letter, Sh. Bachan Singh Randhawa, DSP Moga PW-6 directed SHO, Police Station City Moga to register the FIR. Consequently, the formal FIR Ex. PC/2 was recorded.