KURA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Kura Ram has challenged the conviction and sentence passed by the trial Court under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) IT is the brief case of the prosecution that the Punjab State Electricity Board (for short 'PSEB') originally installed a transformer in the land of PW3 Niranjan Singh which fell down due to hail storm which caused havoc on 2.7.1995. PW3 moved an application to the SDO, PSEB for installation of the transformer. The application was marked to the accused for immediate action. It is contended by PW3 Niranjan Singh that he contacted accused Kura Ram who was working as a Junior Engineer in PSEB, but he put off the installation of the transformer on one pretext or the other. On 6.7.1995, Niranjan Singh met the accused who demanded a sum of Rs. 1500/ - for doing the work. The deal was struck at Rs. 1200/ - for doing the work. The accused asked Niranjan Singh to bring the money and also a tractor -trolley for shifting the poles from the store to the place of work. Niranjan Singh was not willing to part with any amount. He met PW4 Joginder Singh and narrated him the demand made by the accused. Thereafter, Niranjan Singh sent his son with the tractor -trolley to the accused for lifting the electric poles from the store. PW3 accompanied by PW4 Joginder Singh proceeded to the office of DSP, Vigilance Bureau, Kapurthala and suffered a statement Ex.PF before PW8 DSP Ajay Malooja. Niranjan Singh produced a sum of Rs. 1200/ -. The same was treated with phenolphthalein powder. PW8 demonstrated as to how the solution prepared with water and sodium carbonate changes its colour to pink.

(3.) ON the side of the prosecution, PW1 Sukhraj Kaur who was serving as Divisional Superintendent, Sub Urban Division, PSEB, Kapurthala was examined to establish the services of the accused in PSEB. PW2 Gian Singh proved the sanction Ex.PD accorded by the Chief Engineer who was the appointing Authority of the accused. PW3 Niranjan Singh was the complainant who has spoken about the above details leading to the successful trap. PW4 Arvinder Singh was the shadow witness. PW8 DSP Ajay Malooja was the head of the raiding party.