DHYAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 24.08.2009, passed by learned Special Judge, Sirsa, vide which appellant Dhyan Singh has been held guilty and convicted for the offences punishable under Sections 7 and 13 (1) (d) of the Prevention of Corruption Act, 1988 (here-in-after called the 'Act') and the order on the quantum of sentence dated 24.08.2009, vide which appellant has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/-, in default of payment of fine to further undergo imprisonment for two months, under Section 7 of the Act and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1500/-, in default of payment to fine to further undergo imprisonment for three months under Section 3(1) (d) of the Act. Both these sentences were ordered to run concurrently.

(2.) The sequence of the events leading to this prosecution are that on 16.06.2006 PW11 complainant Ved Parkash, a driver of the Haryana Roadways, Sirsa Depot, Sirsa presented a written application Ex.P14 to PW12 Inspector Kharaiti Lal, Vigilance Sub Unit, Sirsa alleging therein that accused-appellant Dhyan Singh, Duty Inspector deputes the conductors and drivers on duty by charging the bribe. Those conductors/drivers, who do not pay him the money, are harassed by him and their duty is changed. He has been harassing the complainant in this manner and in the last month he paid Rs.500/- to him. This month he is demanding Rs.1000/- to retain his duty of Sangaria - Sirsa route. He wanted to extract the bribe amount by threatening that he will change his duty.

(3.) On this application Ex.P14, PW12 Inspector Kharaiti Lal formed the raiding party. He moved the application Ex.P29 to the Deputy Commissioner, Sirsa for deputing some gazetted officer to join the raid. PW5 Atam Parkash D.H.O. was deputed to join the raid and he came present in the Vigilance Office. Complainant Ved Parkash handed over two currency notes of denomination of Rs.500/- each to the Investigating Officer. The list of currency notes Ex.P11 was prepared. The said currency notes were signed by Inspector Kharaiti Lal and PW5 Atam Parkash. Thereafter, the phenolphthalein powder was applied on both the currency notes and were handed over to complainant vide memo Ex.P12 with a direction to hand over the said tainted currency notes to the accused on his demand. PW4 Inspector Subhash Chander was appointed as a shadow witness. The Investigating Officer also gave the demonstration of reaction of phenolphthalein powder and the solution of the sodium carbonate, which was kept in a sealed parcel and taken into possession vide memo Ex.P13. Thereafter, the Investigating Officer sent application Ex.P14 after making endorsement Ex.P15 to the Police Station, State Vigilance Bureau, Hisar. On the basis of which, the formal FIR Ex.P16 was registered. The raiding party consisting of Inspector Kharaiti Lal, Atam Parkash DHO, complainant Ved Parkash, Inspector Subhash Chander the shadow witness, reached near Bus Stand Sirsa. Complainant Ved Parkash and Inspector Subhash Chander were sent to perform their respective roles. The Investigating Officer along with his staff and Atam Parkash DHO positioned themselves outside the Bus Stand. After about 10 minutes on receiving the signal from the shadow witness, the Investigating Officer reached the office of accused Dhyan Singh, who was sitting on his chair. Complainant told that he had handed over the tainted currency notes to the accused. The Investigating Officer conducted the search of the accused. The tainted currency notes were recovered from the front pocket of his shirts. On checking, both the currency notes were found to be the same which were initialed by him and PW5 Atam Parkash. The said notes were kept in a sealed parcel.