SARDARI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 08.05.2004 passed by the learned Special Judge, Yamuna Nagar at Jagadhri, vide which the appellant Sardari Lal has been held guilty and convicted for the offence punishable under Section 7 and Section 13 (1) (d) of the Prevention of Corruption Act, 1988 (hereinafter called 'Act') and the order of sentence of the even date vide which the appellant was sentenced to undergo rigorous imprisonment for a period of two years along with fine of Rs. 1000/- for the offence punishable under Section 7 of the Act in default of payment of fine he was to further undergo rigorous imprisonment for a period of six months. He was further sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 13 (i)(d) of the Act. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that Veena daughter of complainant Inderjit was married with Anil Kumar resident of Jagadhri on 06.05.1990. She was killed by causing burn injuries by her in-laws on 16.04.1991. Complainant Inderjit got registered a case against them. The said criminal case was decided by the Court of learned Additional Sessions Judge, Jagadhari, wherein three accused were acquitted. The present accused was posted as a Naib Court and his co-accused Raj Pal Viz was posted as District Attorney/Public Prosecutor in Jagadhri Courts at that time. Complainant Inderjit met them for the purpose of getting an appeal filed against the judgment of acquittal along with PW-8 Balwant Singh. The matter was discussed. Co-accused Raj Pal Viz demanded a bribe of Rs. 2000/- and the present appellant demanded a bribe of Rs. 500/- from the complainant for that purpose. On the next day, complainant Inderjit moved an application Ex.PD to PW-13 Mohammad Akil, the then A.S.P, Jagadhri. On the basis of which the present case was registered.

(3.) PW-7 complainant Inderjit produced five notes of Rs. 100/- denomination and four notes of Rs. 500/- denomination. Those currency notes were taken into possession vide memo Ex.PG. Mohd. Akil, the Trap Laying Officer (for short T.L.O) called PW-9 Vivek Joshi, Additional Deputy Commissioner, Yamuna Nagar (for short A.D.C) and Jagwant Lamba, D.S.P, Headquarter, Yamuna Nagar to be joined in the raid. Complainant disclosed all the facts to them.