BALWINDER SINGH WALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALWINDER Singh Walia, Stenographer in the Court of the Additional Sessions Judge, Bathinda was sent up for trial by the learned Additional Sessions Judge, Bathinda for accepting a bribe. Charges were framed against him on December 13, 2000 by the learned Additional Sessions Judge, Bathinda, which have been challenged in this criminal revision petition filed by Walia on the ground that he did not accept any bribe as charged.

(2.) THE complainant in this case was a business man of Ludhiana, Neeraj Chawla by name, who ran a furniture business. In March, 1995 he had sent furniture to Ahuja Furniture Agency at Abohar in a tempo, which was intercepted at Bathinda by Nirmal Singh Gill, Excise and Taxation Officer. Gill threatened Chawla that the bills were bogus and demanded a bribe of Rs. 5,000/-. Chawla reported the matter to the Vigilance staff and a case under the Prevention of Corruption Act was registered against Gill vide F.I.R. 13 on March 16, 1995. Thereafter, Gill was apprehended red handed. Chawla was naturally the main witness in the case. When the trial commenced before the learned Additional Sessions Judge, Bathinda, Chawla appeared on September 11, 1998. He reached the Court on time, was made to wait but the State counsel did not get his statement recorded. After the Court time was over and the Judge left the premises, Chawla told the State counsel that he had lost the entire day because his statement was not recorded. Thereupon, the State counsel told him that if Chawla was worried about his business, he should also be worried about the State counsel, hinting thereby that Chawla should pay him some money. The State counsel then took a short date and told Chawla that his "interest" should be watched and that Chawla would be quickly examined and allowed to go early.

(3.) THE Investigating Officer organized a raiding party consisting of Neeraj Chawla (bribe giver/trap witness), Sukhwinder Singh (shadow witness) and Sub- inspector Jaswant Singh of P.R.T.C., Bathinda along with Dr. Ashok Kumar, Civil Hospital, Bathinda as recovery witnesses. The Investigating Officer sent Neeraj Chawla and Sukhwinder Singh to the Court of the learned Special Judge and himself followed them along with other witnesses. According to Sukhwinder Singh's statement recorded under Section 161 Cr.P.C., copy of which had been attached as Ex.PA/1. He and Chawla entered the Court and saw Balwinder Singh Walia, Steno sitting at his seat. When the State counsel (Tirath Ram Sharma) reached there, Chawla told him that he had brought the money and Tirath Ram Sharma hinted Chawla that he should wait. Tirath Ram Sharma along with Walia came and asked Chawla to follow him. Both went to an adjacent room. The lock of the room was opened by Walia and they both entered the room followed by Neeraj Chawla and Sukhwinder Singh. Neeraj Chawla on State counsel's demand handed him over the money. When the State counsel was putting the money in his pocket, Walia asked that the money should be given to him, whereupon, the State counsel took the money out from his pocket and handed over the money to Walia, who put it in his trousers pocket. At this point, signal was given, raiding party entered the room and recovered four notes of Rs. 500/- each from Walia's pocket. Till the stage of the raid and the recovery of the money from Walia, the main suspect was Tirath Ram Sharma but when the final report was presented, Tirath Ram Sharma was placed in column-2 and only Balwinder Singh was sent up for trial.