ROSHAN LAL Vs. THE PUNJAB STATE

JUDGEMENT

(1.) APPELLANT Roshan Lal is aggrieved by the conviction and sentence recorded against him by the Special Judge, Ferozepur on 6.12.1991.

(2.) THE case against the appellant was registered on the statement of one Mulkh Raj son of Sher Chand, who had taken a contract to clean Basti Tankanwali and Bharat Nagar (basti Bhattianwali), Ferozepur City for Rs.60,400/ -. For this purpose, he had deposited a security of Rs.1,000/ - with the Municipal Committee, Ferozepur City. The contract was for four months and after completing the work, Mulkh Raj had been paid all the amounts due to him except the security money. For this purpose, he had moved an application in the office of the Municipal Committee. He had met the Executive Officer and was told to visit the office after few days. When he went there again, he came to know that the appellant, who was a Senior Auditor in the Municipal Committee was to pass the bill and he had raised some objections. On 23.5.1988, Mulkh Raj had met the appellant in his office and there the appellant had demanded Rs.400/ - for passing the bill and on the request being made by Mulkh Raj on the ground that he was a poor man, a settlement had been arrived at which required Mulkh Raj to pay only Rs.200/ -. Mulkh Raj had promised to pay the amount after some days but since he did not like the idea of giving a bribe, he had on 25.5.1988 gone to the office of the Vigilance Inspector, Ferozepur and met Inspector Tara Chand Sharma. This officer had recorded the statement of Mulkh Raj, who had signed the same in token of its correctness and thereafter Mulkh Raj had delivered two note of Rs.100/ - denomination each to the Inspector Vigilance, who had stained the currency notes with phenolphthalein powder and returned the same to Mulkh Raj vide memo Ex.PG with a direction to give the same to the accused when he demand the same. Constable Sahib Singh was directed to act as a shadow witness and accompany Mulkh Raj and to give signal once the bribe money had been paid to the appellant. A ruqa incorporating all this was sent to the Police Station and on its basis a case was registered against the appellant. After this, according to the plan, Mulkh Raj had paid the money to the appellant where -after the appellant was caught red handed and two currency notes each of Rs.100/ - denomination were recovered from the pocket of the shirt worn by the appellant. During the investigation, it was brought out that these were the notes which had been received by the accused from Mulkh Raj as bribe money. On completion of investigation, a challan was put in Court.

(3.) IN order to bring home charges against the appellant, the prosecution examined Hans Raj PW1, Shanti Saroop PW2, Yash Raj Goel PW3, Mulkh Raj PW4, Addl.MHC Sahib Singh PW5 and DSP Tara Chand PW6.