PIRTHI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appeal has been filed by the appellant against the judgment of conviction dated 09.03.2005 and order of sentence dated 11.03.2005, passed by learned Special Judge, Jhajjar, whereby the accused -appellant was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of 3 1/2 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 one month under Section 7 of the Prevention of Corruption Act, 1988.

(2.) THE brief facts of the prosecution case are that present case was registered on the basis of application given by Ram Mehar Singh complainant to DSP Jhajjar on 18.09.2000, in which it is mentioned that the complainant is running a shop of fertilizer seeds and pesticides in the name of Godara Beej Bhandar in Brahman Dharamshala, Rewari Road Silani Gate, Jhajjar. Pirthi Singh is a Quality Control Inspector appointed in Agricultural Department and he on one pretext or the other, used to come to his shop and harassed him by saying that he will take the sample of the pesticides. On 18.09.2000, accused came and told to complainant to keep his stock register ready, otherwise he will send the sample. He demanded Rs. 1000/ - in case the complainant wanted to save himself from sending the sample. On the basis of this application, FIR was registered. Deputy Commissioner, Jhajjar was asked for appointment of some Executive Magistrate for raid. Hanuman Singh, Naib Tehsildar was sent for this purpose. One Jagdish was appointed as shadow witness. After demonstration and other formalities, a raid was conducted. Ram Mehar Singh went to the office of Pirthi Singh and on receipt of signal from the shadow witness, Pirthi Singh was apprehended by police party. His personal search was conducted and from the front left pocket of his shirt, ten hundred rupee notes duly initialed were recovered. The numbers of the notes were tallied by the Naib Tehsildar with the list. After completion of investigation, challan was presented against the accused -appellant.

(3.) IN support of its case, prosecution examined PW -1 Constable Jai Chand, who mainly proved the scaled site plan Ex. PA. PW -2 Zile Singh, Clerk mainly brought the summoned record regarding posting of Pirthi Singh as Quality Control Officer and proved order Ex. PB. PW -3 Hanuman Singh, Naib Tehsildar, who is official recovery witness, deposed that on 18.09.2000, he was posted as Naib Tehsildar, Jhajjar. On that day, Deputy Commissioner, Jhajjar directed him on telephone to join the investigation along with DSP Jhajjar. Then he along with DSP and other police officials went to the Agriculture Office, Jhajjar but no person was found there at about 1.00 P.M. and they returned. Again, on the same day, DSP telephonically informed him to join the investigation. Ex. PD list of notes was prepared in the office of DSP duly initialed by DSP at the time of handing over notes to him, which bears his signatures. They all went to the Agriculture Office and personal search of accused was conducted. A sum of Rs. 1000/ - (ten notes of the denomination of Rs. 100) were recovered from the possession of the accused, which were found to be same as per Ex. PD. He further deposed regarding preparing of solution and memo and further deposed regarding arrest of the accused on the spot. PW -4 Head Constable Inder Singh, is a formal witness, who tendered into evidence his affidavit Ex. PJ. PW -5 Ram Mehar, complainant, deposed as per prosecution version. PW -6 Jagdish, who was the shadow witness, also deposed as per prosecution version. PW -7 ASI Om Parkash deposed regarding recording of FIR Ex. PL on receipt of ruqa Ex. PK. PW -8 Inspector Surinder Kumar, who was with the police party, deposed regarding the investigation as per prosecution version. PW -9 Mahender Singh (retired Inspector) mainly deposed regarding preparing of report under Section 173 Cr.P.C. PW -10 Constable Rajbir Singh deposed regarding delivering of special report to Illaqa Magistrate. PW -11 DSP Bijender Singh, who is Investigating Officer, mainly deposed regarding investigation conducted by him in the present case. PW -12 Sube Singh Behmani, Superintendent mainly brought the summoned filed pertaining sanction order for prosecution of Pirthi Singh and proved sanction order Ex. PO.