GURMAIL SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 24.11.2004, passed by learned Special Judge, Hoshiarpur, whereby the accused -appellants were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs. 2000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months under Section 12 of the Prevention of Corruption Act, 1988.

(2.) THE brief facts of the prosecution case are that Inspector Jasbir Singh, SHO, Police Station Garhshankar was present in his office on 08.02.2003. He received a telephonic call from some unknown person for permission to meet SHO personally in connection with FIR No. 20 of 2003 under Sections 411 and 482 IPC registered against Narinder Lal. The caller was permitted to meet the SHO. After some time, accused -appellant Gurmail Singh and Gurdev Raj came to the police station and met SHO in his office. They wanted the case against Narinder Lal to be closed and promised to pay Rs. 1 lac as bribe money to the SHO for closing the case. They also told that they have brought Rs. 70,000/ - as advance amount contained in the red envelope, which was kept on the table and promised to pay balance amount of Rs. 30,000/ - after the work is done. Inspector Jasbir Singh, SHO, called ASI Bhupinder Singh and ASI Lehmber Singh, who were present in the police station and he also sent a message to DSP on wireless, who also reached the police station. The FIR was registered against the accused -appellants. The investigation was conducted by the DSP. The envelope was found containing r70,000/ -, which was taken into police possession vide recovery memo Ex. PB. Accused were arrested. Challan was presented against the accused -appellant

(3.) IN support of its case, prosecution examined PW -1 ASI Kehar Singh, who mainly brought the record regarding posting of the complainant. PW -2 ASI Lehmber Singh, who is the witness to the occurrence, deposed as per prosecution version. PW -3 Inspector Jasbir Singh complainant, deposed as per prosecution version. PW -4 DSP Navjot Singh, who is the Investigating Officer, deposed regarding investigation conducted by him in the present case.