KAMALJIT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 17.10.2006 passed by the Court of Special Judge, Patiala vide which appellant -Kamaljit Kumar alias Kamaljit Singh was held guilty and convicted for the offences punishable under Sections 7 & 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") and the order of sentence of even date vide which he was sentenced as under: - -

(2.) THE brief facts giving rise to the prosecution case are that the electric meter of complainant Kuldip Singh, resident of village Dhakoli, District Patiala was damaged in the dust storm on 12.5.1994. He moved an application to the office of Sub Divisional Officer, Punjab State Electricity Board, Zirakpur on 13.5.1994 for restoration of the electricity supply. On 16.5.1994, appellant Kamaljit Kumar alias Kamaljit Singh, Junior Engineer and his co -accused Sher Singh, Assistant Line Man visited his house at village Dhakoli. They checked the meter and told him that new meter had to be installed but they did not restore the electric connection of the complainant on that day. The complainant went to the office of the Punjab State Electricity Board, Zirakpur (hereinafter referred to as "the Board") and met appellant Kamaljit Kumar alias Kamaljit Singh and his co -accused Sher Singh, who were sitting in the same room. The complainant requested them to restore the electricity of his house. Both the accused asked him if he wanted early restoration of electric supply to his house, then he would have to pay Rs. 2,000/ - as illegal gratification to them and in case he did not do so, he had to pay a penalty of Rs. 8,000/ -. The complainant requested them that he was a poor person and expressed his inability to pay the huge amount but the accused were adamant and stated that the matter would not be settled for less than Rs. 2,000/ -. The complainant stated that he would arrange the money within two/three days. Then appellant Kamaljit Kumar alias Kamaljit Singh, Junior Engineer stated that the complainant should pay this amount of Rs. 2,000/ - as illegal gratification on 19.5.1994 to him or Sher Singh, Assistant Line Man. Thereafter, the complainant along with P.W.1 Balbir Singh, the shadow witness, approached the Vigilance Department, Punjab at Chandigarh on 19.5.1994 and reported the entire matter to Inspector Harjap Singh vide his statement Ex. PM. The complainant handed over 20 currency notes of denomination of Rs. 100/ - each to Inspector Harjap Singh, who applied phenolphthalein powder thereon and noted down their numbers in the entrustment memo and handed it over to the complainant with the direction to give it to the accused on their demand. Inspector Durga Dass and Balbir Singh were also associated in the proceedings. Inspector Harjap Singh, thereafter, demonstrated the reaction of the powder with the solution of Sodium Carbonate. Balbir Singh was directed to act as a shadow witness. He was instructed that he should accompany the complainant to the office of the accused and should hear their conversation and witness the transaction. He was further instructed that when Kamaljit Kumar or Sher Singh would accept the bribe money, he should give signal to the raiding party. Thereafter, they started for the trap. P.W.6 Paramjit Singh, Superintendent, Industrial Training Department was also associated as a witness in the raiding party. The trap was laid as planned. The complainant and Balbir Singh went to the office of appellant Kamaljit Kumar alias Kamaljit Singh, Junior Engineer where Sher Singh, Assistant Line Man was also sitting by his side. Kamaljit Kumar demanded Rs. 2,000/ - from the complainant. He handed over the tainted currency notes of Rs. 2,000/ - to Sher Singh, Assistant Line Man who counted the notes and put the same into the front left side pocket of his shirt. Then Balbir Singh gave signal to the raiding party. Thereafter, Sher Singh handed over the tainted currency notes to Kamaljit Kumar alias Kamaljit Singh, Junior Engineer who then went to the room of Cashier Harvinder Kaur and put that money into the cash box and got another currency notes of Rs. 2,000/ - from the cash box and he put the same into his pocket. By that time, the police party headed by Inspector Harjap Singh reached at the spot. The Investigating Officer took the hand wash of both the accused and left pocket wash of the shirt of accused Ajit Singh, which turned pink in colour. The tainted currency notes were recovered from the cash box in the room of Harvinder Kaur, cashier along with other cash amount. The tainted currency notes were separated from the remaining currency notes and their numbers were tallied with the numbers noted in the entrustment memo. The tainted currency notes were taken into possession by the Investigating Officer and remaining currency notes of Rs. 15,564/ - were handed over to Amarjot Singh, Sub Divisional Officer vide separate memo. The accused were arrested. The nips containing the solution were sent to the Chemical Examiner for examination. Accused Harvinder Kaur was also hauled up. The Investigating Officer took into possession the relevant record and on completion of all the formalities of the investigation, the report under Section 173 Cr.P.C. was presented.

(3.) IT is pertinent to mention here that co -accused Harvinder Kaur was declared Proclaimed Offender by the trial Court vide order dated 11.4.2005, whereas accused Sher Singh expired during the pendency of trial on 20.8.2006.