CHANAN RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed by the accused -appellant Chanan Ram to challenge the judgment of conviction and order of sentence passed by Special Judge, Kapurthala in case FIR No. 34 dated 22.05.2001 registered under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 at Police Station Vigilance Bureau, Jalandhar.

(2.) BRIEFLY , the case of the prosecution is that the complainant - Surjit Singh was accused and was undergoing sentence in case of murder of his wife. On 08.05.2002, he was released on parole for 28 days. He had purchased some land and because of his conviction, the mutation could not be entered. While on parole, he went to the present appellant, who was working as Patwari, in his office, at Bholath and requested to enter the mutation in his favour. Accused -appellant demanded a sum of Rs. 5,000/ - for entering mutation. However, the amount of Rs. 2,500/ -was settled. Copy of the original sale deed was kept by the appellant. Thereafter, on 22.05.2002, the complainant reached in the Office of Deputy Superintendent of Police, Vigilance Bureau, Kapurthala and told him regarding the demand of amount of bribe. A raiding party was constituted. Paramjit Singh, PHG was appointed as a shadow witness. Complainant went to the office of the appellant along with shadow witness and offered the settled amount. On giving signal by the complainant, the accused was apprehended by the raiding party while accepting the amount of bribe. A glass tumbler, containing water, was fetched, in which sodium bicarbonate was mixed and hands of the accused were got washed into that solution, as a result whereof, the colour changed into pinkish. The solution was put into a nip, which was sealed with the seal and the same was taken into possession vide memo, Exhibit PG. It was attested by the witnesses and personal search of the accused was got conducted through Subash Chander, PW. Four currency notes of the denomination of Rs. 500/ - each and five currency notes of the denomination of Rs. 100/ - each were recovered and numbers thereupon were also tallied. Said currency notes were taken into possession vide Memo, Exhibit PD, attested by the witnesses. One purse, containing Rs. 2,960/ -, identity card, driving licence and wrist watch were also recovered from the accused -appellant, which too were taken into possession. The pant, worn by the accused, was got removed and its pocket was dipped into the solution, as a result whereof, its colour was also changed into pinkish.

(3.) THE prosecution, in support of its case, examined as many as nine witnesses. Surjit Singh -PW1 is the complainant, who has partly supported the case of the prosecution. Paramjit Singh, PW2 is the shadow witness, Dr. Subash Chander, medical officer appeared as PW -7, who is a witness of the recovery and Brij Mohan Sarup, DSP appeared as PW -8, who was the Investigating Officer.