KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 20.09.2004, passed by learned Special Judge, Patiala, whereby the accusedappellant was held guilty and convicted under Sections 7 and 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months under each Section. Both the sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that Pargat Singh had purchased 21/2 acres of land for half value regarding which the case is pending in the Court of Commissioner, Patiala. Pargat Singh and Harinder Singh Khatra met Kartar Singh, Superintendent in his office to get the case decided and Kartar Singh demanded Rs. 4 lacs and the matter was settled for '3.25 lacs plus mobile phone. It is the case of the prosecution that Pargat Singh talked with Kartar Singh on mobile phone continuously. When the land case was not decided in favour of Pargat Singh, he filed affidavit before Commissioner, Patiala. Sh.Surjit Singh, PCS conducted the enquiry and found the allegations of giving '3.25 lacs and mobile phone to accused Kartar Singh as correct. The FIR was registered in this case. After necessary investigation, challan was presented against the accused -appellant On presentation of challan against accused -appellant, copies of challan and other documents were supplied to him under Section 207 Cr.P.C. Finding prima facie case, accused -appellant was charge -sheeted under Sections 7 and 13(2) of the Prevention of Corruption Act, to which he pleaded not guilty and claimed trial.

(3.) IN support of its case, prosecution examined PW -1 Inderjit, Senior Assistant, office of Financial Commissioner, who mainly proved the sanction order Ex.PA. PW -2 SI Parminder Singh deposed regarding collecting of details of mobile phone Nos.9814064337 and 9814036545 from Spice Telecommunications. PW -3 Darshan Singh mainly deposed that he is relative of Pargat Singh. He further deposed that he had purchased a mobile phone bearing SIM No.9814064337 for Rs. 9500/ - and had sold the same to Pargat Singh for Rs. 5500/ -. He also deposed that mobile set was of Panasonic Company. PW -4 Inspector Gurcharan Singh deposed regarding arrest of the accused. PW -5 Pankaj Dewan brought the record pertaining to both the above -said mobile numbers. PW -6 Pargat Singh, complainant deposed that Harinder Singh Khatra has purchased land in village Rasulpur and he was partner in the said land. He further deposed the case was pending in the Court of Commissioner, Patiala in respect of that land and he was pursuing the said case. Kartar Singh accused was working as Superintendent in the office of Commissioner, Patiala. Bansal Property dealer of Bhawanigarh had arranged the bargain regarding the said land and told them that they should meet accused to settle the matter by paying illegal gratification to the accused. PW -6 further deposed that he met accused at his residence near bus stand, Patiala and requested him as to how the case can be decided. The accused told them that they have to pay Rs. 4 lacs as illegal gratification and the case shall be decided either way. The matter was settled at '3.25 lacs and a mobile phone. After few days, they went to the office of accused. Accused was present in his office and called his son. Accused told that amount of Rs. 2 lacs be paid to his son and on his direction, they paid Rs. 2 lacs to the son of the accused. This witness also deposed that after 5 -7 days, he paid '1.25 lacs and a mobile phone, which was arranged by him by paying Rs. 5500/ - to Darshan Singh. He further deposed that mobile phone and '1.25 lacs were given to Kartar Singh at his residence. In spite of payment of '3.25 lacs, the case was not decided either way. Then the complainant met concerned officer and told him that an amount of '3.25 lacs and a mobile phone has been given and in spite of that his case is not being decided. Said officer told complainant to sworn an affidavit and thereafter, complainant sworn affidavit. Photocopy of the affidavit is Mark -A. PW -7 Harinder Singh Khatra also deposed as per prosecution version. He deposed that there was one Bansal Property dealer at Bhawanigarh and he got executed the agreement regarding the land. Thereafter, Bansal Property dealer and Pargat Singh met Kartar Singh accused and accused demanded Rs. 4 lacs from Pargat Singh for getting the case decided in their favour and the matter was settled for an amount of '3.25 lacs and one mobile phone. Thereafter, he (PW -7) along with Pargat Singh went to the house of accused at Rajpura Colony, Patiala and handed over '3.25 lacs to him. He further deposed that when the case was not decided, Pargat Singh went to the house of Commissioner at Patiala. Pargat Singh told the Commissioner that he had paid an amount of '3.25 lacs and one mobile phone to Kartar Singh accused. This witness also deposed that Surjit Singh told the accused to return the money and he returned '3.25 lacs to Pargat Singh in two installments. PW -8 Banarsi Dass, DSP Vigilance Bureau deposed regarding recording of statements of some witnesses. PW -9 Indermohan Singh, SP Headquarters, Investigating Officer, deposed regarding investigation conducted by him in the present case.