BAHADUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment two appeals, namely Criminal Appeal No. 101 S.B. of 1986 and Criminal Appeal No. 102 S.B. of 1986 are being disposed of as they arise out of the same judgment arising out of a joint trial of both the appellants and one Shri Charanjit Singh, Advocate, for offences under section 120B read with section 161 of the Indian Penal Code and section 5(i)(d) read with section 5(2) of the Prevention of Corruption Act. Shri Charanjit Singh Advocate has been acquitted.

(2.) The facts which led to the prosecution are that Ram Singh complainant had been arrested by Baldev Singh Brar appellant on 8th September, 1980 on a charge of theft of 14 bags of wheat. Han Singh and Dalel Singh, his brothers came to Patiala on 10th September, 1980 and they contacted Baldev Singh appellant who threatened them to obtain police remand of Ram Singh with a view to torture him. Both of them paid Rs. 8000/- to Baldev Singh appellant on his demand. Baldev Singh appellant demanded Rs. 15,000/- for not giving the information of arrest of Ram Singh to the department and also for not harassing him. The amount of Rs. 8000/- was paid but Baldev Singh appellant insisted for payment of remaining amount of Rs. 7000/- also. Ram Singh was produced before the Special Railway Magistrate at Patiala on 10th September, 1980 and he was bailed out. After getting himself released on bail, Ram Singh continued contacting Baldev Singh appellant and used to request him to file the challan at an early date but Baldev Singh appellant was avoiding to do so for one reason or the other. For the last time Ram Singh met Baldev Singh appellant on 3rd December, 1980 at Bhatinda when Baldev Singh appellant demanded remaining amount of Rs. 7000/- failing which he threatened that intimation would be sent to the department and challan would not be filed for years together. Ram Singh was asked by Baldev Singh to pay Rs. 2000/- PUNJAB Page 2 of 6 there and then and the remaining Rs 1000/- later on and he agreed to pay the amount of Rs. 2000/- on 8th December, 1980 when the appellant would be coming to Barnala by 12.30 p.m. train. Ram Singh was asked to bring Bahadur Singh appellant with him as the latter was a friend of Baldev Singh appellant, On the fixed day Ram Singh reached Bus Stand, Barnala, and wanted to go to Vigilance Office, Sangrur, but he learnt that a police party of C.B.I. was at Barnala. Ram Singh then contacted Bhajan Singh Inspector and gave a statement before him which statement was sent to Superintendent of Police, C.B.I. Chandigarh, for registration of a case. Ram Singh Mander was joined through Gurnam Singh Inspector from the office of the Development Officer L.I.C. Barnala. Shri S.K. Bhatnagar, D.S.P. Baij Nath Inspector, Amar Singh Inspector and constable Prem Prakash also reached near the Bus Stand. Inspector Bhajan Singh introduced Ram Singh complainant and Ram Singh Mander to these police officials. Twenty currency notes of the denomination of Rs. 100/- each were produced by Ram Singh complainant and the same after nothing down the numbers, were taken into possession. The currency notes were treated with phenol pathaline powder and a demonstration was given after the solution of sodium carbonate was prepared. Ram Singh complainant was directed to deliver the tainted currency notes to Baldev Singh appellant on his demand while Ram Singh was directed to remain quite close so as to over-hear the conversation between the complainant and the appellant and also to see for himself the transaction of passing on the speed money. Ram Singh thereby was further directed to give a signal to the raiding party by touching his head with his hands as soon as the speed money was passed. Personal search of the members of the raiding party had been conducted so as to ensure that none of them had any currency note of the denomination of Rs. 100/-. When Baldev Singh appellant was standing in front of the 1st Class Waiting Room at Railway Station, Barnala, Ram Singh complainant offered speed money and requested Baldev Singh appellant not to inform his department about his arrest and to file the challan in the court at an early date. To the surprise of the raiding party, Baldev Singh appellant asked Ram Singh complainant to give the speed money to his friend, Bahadur Singh appellant who, according to Baldev Singh, was sitting In Ramesh Tea Stall on the old Cinema Road, Barnala, alongwith his relative, an Advocate of Sangrur. Ram Singh Mander on coming to know of the conversation between Baldev Singh appellant and Ram Singh complainant informed Inspector Bhajan Singh at the Railway Station itself. Ram Singh complainant then reached the said Tea Stall followed by Ram Singh Mander whereas other members of the party were following them. Bahadur Singh appellant alongwith Shri Charanjit Singh, Advocate of Sangrur, since acquitted, was found sitting in the said Tea Stall and Ram Singh complainant took a seat with Bahadur Singh and Ram Singh Mander took a seat on another sofa. Bahadur Singh appellant demanded an amount of Rs. 2000/- on behalf of Baldev Singh appellant as per directions already given. Ram Singh, complainant, handed over the speed money to Bahadur Singh appellant who accepted the same and after counting further passed it on to Shri Charanjit Singh, who put it in the pocket of his coat. Appointed signal was given by Ram Singh Mander and upon this Inspector Bhajan Singh and other members of the raiding party arrived at the spot. Inspector Bhajan Singh disclosed his identity and Bahadur Singh appellant and Shri Charanjit Singh were secured by the raiding party. Solution of Sodium Carbonate was prepared in a glass of Water and hands of Bahadur Singh appellant were dipped upon which the colour of the solution became pinkish. The hand-wash was poured into a bottle and sealed with the seal bearing impression RS. The hand wash of Shri Charanjit Singh was also similarly token and sealed. On personal search of Shri Charanjit Singh aforesaid, 20 currency notes were recovered from the right inner pocket of his coat. The numbers of those currency notes tallied with the numbers of the currency notes noted in the memo prepared earlier. Right inner pocket of the coat worn by Shri Charanjit Singh was washed with the solution of sodium carbonate solution and its colour became pinkish. This pocket wash was also transferred and similarly sealed into a bottle. Inspector Bhajan Singh after completing investigation at the site went to the 1st Class Waiting Room at Railway Station, Barnala, and took into possession seal book from Tarlok Chand Rakshak, R.P.F., Barnala containing an entry showing the presence of Baldev Singh there. Roznamcha of the R.P.F. Post, Bhatinda, showing departure of Baldev Singh to Barnala at 9.55 a.m. and his return at 8.40 p.m. was also taken into possession. Records pertaining to the appointment and posting of Bahadur Singh appellant from F.C.I. as also that of Baldev Singh appellant were taken into possession. Sanction for their prosecution was obtained and the report under section 173, Criminal Procedure Code, was presented after completing the investigation.

(3.) Appellant Baldev Singh was charged under section 5(i)(a) read with section (2) of the Prevention of Corruption Act and section 5(i)(d) read with section 5(2) thereof. Bahadur Singh appellant and Charanjit Singh, since acquitted, were charged under section 5(2) thereof and section 161 read with section 120-B of the Indian Penal Code. All of them pleaded not guilty and claimed trial.