PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Amrik Singh Duggal, Pawan Kumar (the present appellant) and Kulwant Rai faced trial in case FIR No. 70 dated 16.6.1994 under Sections 13(1) and 13(2) of the Prevention of Corruption Act, 1988 and Sections 120 -B, 201, 217 I.P.C. registered at Police Station City Mansa and they were convicted and sentenced by the Special Judge, Mansa vide judgment dated 17.8.2000. The present appeal has been filed by accused appellant Pawan Kumar to challenge the judgment of conviction and order of sentence by the trial Court by raising various grounds.

(2.) BRIEFLY , the facts of the prosecution story are that accused Amrik Singh Duggal and Pawan Kumar accepted a sum of Rs. 10,000/ - other than legal remuneration from Kulwant Rai, who was proprietor of M/s. Kissan Sale Agencies Mansa for doing favour by not sending sample of 50% Butaclore taken from his premises for analysis. Both the accused abused their position being public servants. The sample of 50% Butaclore taken from the premises of Kulwant Rai was destroyed. It was done with an intention to save Kulwant Rai from punishment for a consideration of bribe money. Amrik Singh Duggal was working as Assistant Cotton Extension Officer and Pawan Kumar was working as Insecticides Inspector in the office of Block Agricultural Officer, Mansa.

(3.) ACCUSED Amrik Singh Duggal and Pawan Kumar were charged for offence under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 and also under Sections 201 and 217 IPC, whereas, Kulwant Rai was charge sheeted under Section 12 of the Act.