OM MOOL SHANKAR SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appeal has been filed by the appellant against the judgment of conviction dated 21.08.2004 and order of sentence dated 23.08.2004, passed by learned Special Judge, Moga, whereby the accused -appellant was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 4,000/ - and in default of payment of fine, to undergo rigorous imprisonment for a period of six months under Section 7 of the Prevention of Corruption Act, 1988. He was further directed to undergo rigorous imprisonment for a period of six years and to pay a fine of Rs. 6,000/ - and in default of payment of fine, to undergo rigorous imprisonment for a period of six months under Section 13(2) of the Prevention of Corruption Act, 1988. Both the sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that after investigation, untraced report was submitted. Learned Special Judge, Moga disagreed with the untraced report and took cognizance of offences and put the accused to trial. As per the facts given in the untraced report, Chamkaur Singh complainant along with Gurdev Singh, Ex. Sarpanch came to DSP Baljit Singh, Punjab Vigilance Bureau and got recorded his statement. Complainant stated that he had been Govt. ration depot holder since January 1999. He was distributing kerosene oil, sugar etc. On 12.11.1999, Om Mool Shankar Sharma, Inspector, Food Supply Moga along with other employee came to his depot. He had checked the depot. During checking, record was found correct. Accused intentionally levelled allegations that depot was lying closed and identity board was not displayed. By making report, accused got the supply stopped to his depot from District Food Supply Controller (DFSC) on 17.12.1999. The complainant received a notice from DFSC Moga about allegations levelled against his depot, inviting explanation. It is also stated that written explanation to notice was given. After giving reply to the notice, complainant met Om Mool Shankar Sharma, Inspector in his office. Accused said that DFSC had ordered enquiry from village and to report. Accused went to the village and recorded statements of 14 -15 card holders. On 14.02.2000, complainant met accused in his office and requested him to send favourable report. Accused said that he would take bribe of Rs. 2,000/ - for sending report favouring him. Then accused agreed to send the report favouring complainant by taking bribe of Rs. 1,000/ -. Accused said that he would take Rs. 500/ - before sending the report and remaining Rs. 500/ - would be taken after sending the report. Accused asked the complainant to visit his office at Moga afternoon on 16.02.2000 with bribe money of Rs. 500/ -. Complainant went back to his village and met Gurdev Singh, Ex. Sarpanch and told whole story to him. Then they contacted Vigilance Department. After making demonstration etc. by applying Phenolphthalein powder, a raid was planned. Jagdish Arora, Senior Clerk of office of Deputy Director, Animal Husbandry, Moga was joined as Govt. witness. Gurdev Singh, Ex. Sarpanch was deputed as shadow witness. Raid was conducted. The amount of Rs. 500/ - was recovered. After necessary investigation, untraced report was submitted before the Court.

(3.) IN support of its case, prosecution examined PW -1 Chamkaur Singh, complainant, PW -2 Gurdev Singh, Shadow witness, PW -3 Jagdish Arora, Govt. witness, PW -4 Barish Chander, employee of District Food and Supply Office, Moga, PW -5 Head Constable Sukhbir Singh, PW -6 Amarjit Kaur, Senior Clerk office of DFSC, Moga, PW -7 Krishan Lal Dhingra Ex. AFSO, PW -8 Constable Resham Singh and PW -9 DSP Baljit Singh, Investigating Officer.