SAT PAL NEGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated November 22, 1986, passed by the Special Judge, Kurukshetra convicting the appellant Sat Pal Negi under Section 5(2) of the Prevention of Corruption Act (for short the Act) and sentencing him to suffer one yearTs rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default to suffer further rigorous imprisonment for six months. The appellant was also convicted under Section 161, Indian Penal Code and sentenced to suffer six months rigorous imprisonment and to pay a fine of Rs. 500/- and in default of payment of fine to undergo further rigorous imprisonment for three months. The substantive sentences have been ordered to run con currently.

(2.) The facts giving rise to this appeal, briefly stated, are as under: The appellant Sat Pal Negi was posted as Junior Engineer in the office of the Block Development and Panchayat Officer, Cheeka, district Jind, Haryana. Satish Kumar Katyal was posted as Block Development and Panchayat Officer, Cheeka, and was the co-accused in this case, but he has been acquitted of the charges by the learned Special Judge, Kurukshetra. The complainant Jatinder Pal Singh P.W. 1 was a contractor and he was entrusted with the contract for construction of the Mahila Mandal Bhavan at village Maujri at an estimated cost of Rs. 30,000/-. The contract was allotted to him by the Block Development and Panchayat Officer, Cheeka. The appellant, it is alleged, was working under the direct control of the Block Development and Panchayat Officer Satish Kumar Katyal. The complainant Jatinder Pal Singh submitted a bill for a sum of Rs. 13157/- in respect of part construction work undertaken by him and a cheque bearing No. 039567 dated June 28, 1984 was issued to the complainant which was got encashed from the State Bank of India, Cheeka, on July 5, 1984. It is alleged that a sum of Rs. 1,000/- as illegal gratification had been demanded by the two accused from the complainant Jatinder Pal Singh for issuance of the cheque aforesaid, but that was not pursued at that time and the cheque for the said amount had been issued on the promise that the said illegal gratification will be paid by the contractor before preparing the next bill in respect of construction of the building of Mahila Mandai Bhavan. It is alleged that the complainant Jatinder Pal Singh approached the police for laying a trap of the appellant and Co. accused Satish Kumar Katyal. The complainant Jatinder Pal Singh met Mr. Surat Singh, Deputy Superintendent of Police (Vigilance) and stated before him that the aforesaid illegal gratification of Rs. 1,000/- had been demanded from him for the future payment of the said construction work and this demand was made by accused Satish Kumar Katyal, Block Development and Panchayat Officer. In the presence of the Deputy Superintendent of Police Surat Singh, Inspector Sultan Singh was handed over 20 currency notes of the denomination of Rs. 50/- each, the total value being Rs. 1,000/- by the complainant. The currency notes are Exhibits P. 1 to P. 20. These currency notes were initialed by Inspector Sultan Singh, who treated the currency notes with phenolphthalein powder and after observing the usual precautions of preparation of search memo and seizure memo, handed over the currency notes (Exhibits P. 1 to P.20) back to the complainant Jatinder Pal Singh (P.W. 1) to be offered and paid to the accused as per trap plan. Thereafter, the complainant Jatinder Pal Singh accompanied by the shadow witnesses Mangat Singh and Kashmir Singh and the police party including Inspector Sultan Singh left in a government vehicle Jeep and reached Cheeka Chowk. The complainant and the two witnesses Mangat Singh and Kashmir Singh were dropped there and the police party proceeded further in the government vehicle. This police party returned after 10/15 minutes accompanied by Mr. R.A. Bansal, Sub Divisional Officer, Haryana State Electricity Board. The jeep was parked near the chowk. The complainant accompanied by Mangat Singh proceeded towards the residential colony followed by the other witnesses. The raid party stayed back at the gate of the colony. The complainant and Mangat Singh reached the house of the appellant Sat Pal Negi, who was found present there sitting in the entrance room on a sofa. The appellant Sat Pal Negi was wearing a Pyjama and a Banian. The complainant Jatinder Pal Singh was asked to sit across the table and the appellant enquired from him as to whether he had brought the money as per his promise. When the complainant replied in the affirmative, the currency notes (Exhibits P. 1 to P. 20) were handed over by the complainant Jatinder Pal Singh (P.W. 1) to the appellant Sat Pal Negi, who counted them and after folding the same placed them in the lower portion of the table and placed a toy car (Exhibit P. 21) as a paper weight on the currency notes. The shadow witness Mangat Singh continued to stand at the door of the house and is said to have witnessed the transaction from outside. After the currency notes had been delivered, Mangat Singh entered the room and sat by the side of complainant Jatinder Pal Singh on a separate chair. Within a few moments, the members of the raiding party arrived there in plain clothes. The raiding party was informed by the complainant Jatinder Pal Singh that he had handed over the currency notes to the appellant Sat Pal Negi, who had placed the same in the lower portion of the table under the weight of the toy car. Thereupon, the currency notes were recovered and the hands of the appellant Sat Pal Negi were got washed in the solution of sodium carbonate, the colour of which turned pink with the reaction of phenolphthalein powder. The solution was collected as a sample in a bottle (Exhibit P. 22) which was sealed. The currency notes were tallied with the seizure memo and the currency were washed in the solution of sodium carbonate. The colour of the solution turned pink and the same was also collected in a separate bottle (Exhibit P. 23) which was sealed. The currency notes were dried and sealed in a separate packet and taken into police possession with a recovery memo (Exhibit P. E) which was prepared at the spot. The recovery memo was signed by the complainant Jatinder Pal Singh and the witnesses. The accused-appellant was arrested. The case was investigated and after obtaining the sanction (Exhibit P.R) for the prosecution of the appellant which was granted on behalf of the Government of Haryana by the Joint Secretary to Government Haryana, Development & Panchayat Department, a challan was submitted against the appellant. A separate order (Exhibit P. Q) according sanction for the prosecution of co-accused Satish Kumar Katyal was passed by the Commissioner and Secretary to Government Haryana, Development and Panchayat Department and challan against the co-accused was also submitted simultaneously.

(3.) The trial court recorded the evidence of the prosecution witnesses including the complainant Jatinder Pal Singh (P.W. 1), Manohar Lal, Accountant of the office of Block Development &. Panchayat Officer, Cheeka (P.W. 8), Mangat Singh (P.W. 12), R.A. Bansal (P.W. 13) and Inspector Sultan Singh (P.W. 14).