DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dalip Singh appellant was convicted by Special Judge, Ferozepur under section 5(i)(d) read with section 5(2) of the Prevention of Corruption Act section 161 of the Indian Penal Code and sentenced to one years rigorous imprisonment and a fine of Rs.1000/- or in default of payment of fine to further undergo rigorous imprisonment for three months under section 5(i)(d) read with section 5(2) of the Prevention of Corruption Act and to rigorus imprisonment for a period of the Indian Penal Code. Both the sentences were ordered to run concurrently Feeling dissatisfied he has filed this appeal.

(2.) The prosecution case is that Dalip Singh appellant was working as a Clerk in the Treasury office, Ferzoepur, and was seputed by the Treasury officer to deal with the pension and gratuity cases vide order dated 16-9-1983 passed by the Treasury officer copy of which is Exhibit PH. P.W. Balwant Singhs father was and he died on 11-5-1982 due to striking of the lightening. The pension of Balwnt Singhs father was to be paid to Smt. Piare mother of Balwnt Singh.

(3.) Balwnt Singh and his mother came to the office of Treasury officer, Ferozepur, on 28-2-1984 with the gratuity papers Exhibit PK and met the appellant in connection with the pension of the deceased. He directed them to bring the clearance certificate from Sub-Divisional Magistrate, Ferozepur. After getting the clearance certificate, Balwant Singh and his mother again went to the appellant on 13-3-1984 and showed the clearance certificate to him. The appellant demanded Rs. 100/- as illegal gratification for clearing the papers. Balwnt Singh and his mother again went to the treasury office on 14-3-1984 and met Tilak Raj Superintendent of the Treasury office. They showed the clearance certificate clerk that is the appellant. They went to the appellant being the pension clerk. Dalip Singh appellant told them that whomsoever they may meet, their work will not be done unless they pay Rs. 100/-. They went back to their village.