SUDERSHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15/06/1989, passed by the Special Judge, Rohtak, in Corruption Case No. 1 of 1989, whereby the learned Special Judge convicted accused-appellant under Section 5(1)(d), read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred as the Act) and Section 161 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 500.00 for the offence under Section 5(1)(d) read with Section 5(2) of the Act, and in default of fine, to undergo further rigorous imprisonment for three months.

(2.) The appellant was further sentenced to rigorous imprisonment for three years for offence under Section 161, Indian Penal Code, and the two substantive sentences were to run concurrently.

(3.) Briefly stated, the case of the prosecution was that on the night between 5th and 6/07/1988 Shri Lajbir Singh, who was working as Under Secretary Anti-Corruption Department to Haryana Government, and Inspector Chandgi Ram, who was attached to the Chief Minister's Flying Squad, Road Tax Check Barrier, were present at the Sales Tax Barrier, when a truck driver of Truck No. DIL 4038, namely, Sarwan Kumar came there in order to show papers at the Sales Tax Barrier. The said Truck-driver complained that at the Road-Tax Barrier, Bahadurgarh, no vehicle was being allowed to pass until a sum of Rs. 10.00 or Rs. 20.00 was paid as bribe. Shri Lajbir Singh asked the said driver that he should get the notes marked by them and pass them on to the person concerned on demand. Thereafter, Sarwan Kumar produced Rs. 20.00 note Exhibit P. 1, which was initialled and dated by Lajbir Singh, and the same was given back to driver Sarwan Kumar and he was told that he should pass on the said currency note to the official concerned on demand. The raiding party of Shri Lajbir Singh, under Secretary, Anti-Corruption Department, Inspector Chandgi Ram, ASI Munshi Ram and a Constable was formed. Inspector Chandgi Ram, ASI Munshi Ram and the Constable went to the Road Tax Barrier in the truck of Sarwan Kumar and Shri Lajabir Singh followed them in a jeep. On reaching the Road Tax Barrier, Sarwan Kumar went to the tent where Sudershan Kumar accused was present. It is alleged that Sudershan Kumar accused demanded the money and Sarwan Kumar gave him the marked currency note, Exhibit P. 1 and this was seen by Shri Lajbir Singh, Under Secretary and Inspector Chandgi Ram. It is further alleged that after the money was passed, the raiding party raided the accused and searched his person and recovered currency note, Exhibit P. 1 from his pocket. Thereafter formal F.I.R. Exhibit PA/1 was recorded at 4.10 a.m. and the case against the accused was registered.