NIRANJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Niranjan Singh was convicted by Special Judge, Patiala, vide order dated 15.12.1993 for offence under Section 5(2) of of the Prevention of Corruption Act, 1947 and was sentenced to undergo RI for four years and to pay fine of Rs. 500/ -. In default of payment of fine to further undergo RI for three months.

(2.) THE facts of the case are that Niranjan Singh was posted as Peon in the Court of Shri M.L. Singal, (now retired Hon'ble Judge of this Court) then Additional Sessions Judge, Patiala. On 22.6.1987 Kapur Singh resident of village Dugal had made complaint before Shri M.L. Singal that an appeal titled as Sital Singh and Ors. v. Gurbhal Singh was pending in his Court and Niranjan Singh accused -Appellant who was a peon had called him 15 days prior to the decision in the appeal. He had demanded Rs. 15,000/ - for getting a favourable decision in the appeal. At that time, he was accompanied by one Dalip Singh son of Bakhtaur Singh of his village. That amount of Rs. 15,000/ - was paid to accused Niranjan Singh. However, the appeal was decided on 22.1.1987 against him. Then he had approached Niranjan Singh for return of the amount, which was not returned. Dalip Singh also submitted another complaint on similar facts. Shri M.L. Singal had recorded the statements of Kapur Singh and Dalip Singh on 26.6.1987 and had sent the papers to District & Sessions Judge, Patiala, for necessary action. On a D.O. Letter written by Shri S.K. Jain, District & Sessions Judge, Patiala, to Senior Superintendent of Police, Patiala, case was registered against Niranjan Singh. Niranjan Singh was arrested and after investigation was challaned. Niranjan Singh faced trial for offence under Section 5(2) of Prevention of Corruption Act, 1947. The case was found to be proved. He was accordingly convicted and sentenced as aforesaid. Feeling aggrieved, this appeal had been filed.

(3.) NIRANJAN Singh accused Appellant was an employee in the Judicial Courts at Patiala working in the Court of Shri M.L. Singal, Additional Sessions Judge, Patiala. According to Shri Kapur Singh, complainant (PW -7), his sons namely Seetal Sigh, Gandhar Singh, Sajjan Singh and Mewa Singh were having litigation with Gurbhal Singh. The case has been decided by the Civil Court against his sons and then appeal was filed by his sons which was fixed for hearing in the Court of Shri M.L. Singal, Additional Sessions Judge, Patiala and that he was coming to the Court for Pervi for appeal on behalf of his sons. Then Dalip Singh, a relation of Niranjan Singh, had taken him to Niranjan Singh accused and accused had claimed that he will get the work done and get the appeal decided in favour of his sons. Accused had demanded Rs. 15,000/ - which was paid but after a few days, appeal was decided against his sons. Then he demanded back that money which was not returned, although accused had been assuring that he would return the money. However, only Rs. 5,000/ - were returned. Then he made the complaint.