JARNAIL SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS common judgment shall decide the aforementioned two appeals preferred by Jarnail Singh son of Santa Singh, and Prem Singh son of Bhag Singh, against judgment dated 16.2.2005, rendered by Sh. Surinder Gupta, the then Special Judge, Patiala, whereby both the appellants/accused were convicted for committing offence punishable under Section 7 and 13(2) of the Prevention of Corruption Act (hereinafter to be referred as "the Act"). Vide order of sentence of the even date, both the appellants/accused were sentenced to undergo RI for 6 months and to pay a fine of Rs. 1000/ - each with default clause for undergoing RI for one month each, for committing offence punishable under Section 7 of the Act, and to undergo RI for one year and to pay a fine of Rs. 1000/ - each with default clause of RI for one month for committing offence punishable under Section 13(1)(d)/13(2) of the Act.

(2.) BRIEF facts of the case are like this; that on 12.12.2001, Gurcharan Singh (PW6) gave his statement to Harbhajan Lal, DSP, Vigilance, Patiala, which is Ex. PW5/A. He stated before the police that he deals in electronics goods at Rajpura. He has been doing this business for the last 15 years. He also used to sell baked ground nuts. He used to bring ground nuts from Rajasthan and after roasting the same, sell the same. A truck loaded with ground nuts, belonging to him, came at Rajpura about 10/15 days prior to 12.12.2001. At that time accused/appellants Jarnail Singh and Prem Singh called upon him to say that composition fee of Rs. 12,000/ - was payable by him because he has not deposited the Market Committee fee earlier. Accused/appellants called upon him to get the license issued. On account of paucity of time, it was difficult for him to get the licence issued. As such, the accused persons asked him to pay a sum of Rs. 4000/ - as bribe money. Earlier Rs. 12,000/ - i.e. the full composition fee was demanded from him but ultimately the matter was settled for Rs. 4,000/ -. He paid Rs. 4,000/ - to Jarnail Singh. Out of this amount, a sum of Rs. 2,000/ - was kept by Jarnail Singh for himself whereas Rs. 2,000/ - was given by him to Prem Singh. Accused/appellants were saying that they were Mandi Supervisors. It was further stated that after receipt of the aforesaid amount of Rs. 4000/ -, accused/appellants called upon him to pay 2% of Market Committee Fee in advance to them as and when vehicle loaded with ground nuts belonging to him again reaches at his destination.

(3.) DSP Vigilance sent Inspector Mohinder Singh for calling independent witnesses. Arun Vashishta, Steno of the office of Civil Surgeon, Patiala and Dr. Harbans Singh Saran of Civil Dispensary, Bishan Nagar, Patiala were joined as witnesses. They were made acquainted with the facts of the case. Thereafter, by fetching a glass of water, sodium carbonate was added in the same but the colour of water did not change. Thereafter, phenolphthalein powder treated paper slip was dipped in that mixture whereupon the colour of the water turned pink. The aforesaid pink colour water as well the paper slip were destroyed. The witnesses were made aware about the phenolphthalein powder. This demonstration memo was prepared as Ex. PW8/A. Complainant, Pritpal Singh, Dr. Harbans Singh Saran and Arun Vashishta signed the same as witnesses. Thereafter, three currency notes of the denomination of Rs. 500/ - each, were produced by the complainant before DSP Harbhajan Lal. Phenolphthalein powder was applied on the aforesaid three currency notes and then the same were entrusted to the complainant with the direction that as and when money was demanded from him by the accused/appellants, the aforesaid currency notes were to be handed over to them. Entrustment memo Ex. PW8/B was prepared. It was attested by the aforementioned witnesses. Pritpal Singh appointed as Shadow witness. He was instructed to accompany the complainant to hear the conversation to be held between the accused and the complainant. He was also directed to give the signal by placing his hand on his head when the bribe money was received by the accused/appellants from the complainant. Ruka Mark PW5/A was recorded with endorsement Ex. PW3/A by DSP Harbhajan Lal whereupon, Parminder Singh recorded the formal FIR Ex. PW13/B.