PARKASH CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN the present appeal, sole appellant has died and his son and widow namely Deepak Saini, Pankaj Saini and Raj Kumari have been permitted under Section 394(2) Cr.P.C., to continue with this appeal.

(2.) APPELLANT Parkash Chand was convicted and sentenced to undergo rigorous imprisonment for 2 years and to pay fine of Rs. 1,000/ - under Section 7 of the Prevention of Corruption Act (hereinafter referred to as 'the P.C. Act'). In the event of default of payment of fine, he was to further undergo rigorous imprisonment for 6 months. He was also sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 1,000/ - under Section 13(2) of the P.C. Act and in the event of default of payment of fine, he was to further undergo rigorous imprisonment for 6 months. Both the sentences were ordered to run concurrently.

(3.) THE complainant again met the accused on 27.04.1993 in his office and the accused demanded Rs. 1,000/ - from him. The complainant agreed to pay the amount to the accused. The complainant handed over 10 currency notes of the denomination of Rs. 100/ - each to the Inspector Gurmej Singh who noted the numbers and smeared the same with phenolphathalein powder (hereinafter referred to as 'the P -powder') and again handed over the same to the complainant vide memo Ex. PD. Complainant was instructed to hand over the currency notes on demand to the accused and should not shake hands with him. Demonstration was also given to complainant and shadow witness Lalit Kumar PW -1. The statement Ex. PG was sent to the Police for registration of case and accordingly FIR No. 71 dated 28.04.1993 under Sections 13(2) of the P.C. Act, Police Station Dina Nagar was registered (Ex. PG/1).