RANDHIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Randhir Singh appellant, Meter Reader, Punjab State Electricity Board, Longowal, against the judgment and order dated 14th June, 1985 passed by Special Judge (Additional Sessions Judge,) Sangrur, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- or in default of payment of fine to further undergo R.I. for 3 months, under section 5(1) (d) read with section 5(2) of the Prevention of Corruption Act and to undergo R.I. for one year under section 161, Indian Penal Code. However, both thesentences of imprisonment were ordered to run concurrently.

(2.) THE case of the prosecution is that Mohinder Singh, P.W.6 was running a poultry farm and had kept about 550 hens. The poultry farm was run in a portion of his house wherein electric connection was filted. Randhir Singh appellant was the Mater Reader of that area and he used to have the reading of the meter of Mohinder Singh. The appellant visited the said poultry farm and took the meter reading, on the basis of which electricity bill for Rs. 493/- was issued in the name of Mohinder Singh P.W.6, who met the appellant and told him that the bill was excessive as he had not consumed so much electricity. Upon this, the appellant demanded Rs. 100/ from Mohinder Singh, P.W.6 and also assured him that the future bills would be for lesser amount as reading of' the meter has to be recorded by him and he would record short reading of meter as compared to actual reading. But Mohinder Singh P.W.5 agreed to pay Rs. 60/. He was asked by the appellant to be present in his house at 4 00 P.M. same day when he would come and take the amount of Rs. 60/-. As Mohinder Singh, P.W.6 was not happy with the situation, he met Bhan Singh P.W.7, an agriculturist of his village, same day and narrated the entire story to him. Both of them, came to Sangrur that very day i e. on 27th December, 1983 and met Bhagwant Singh, Vigilance Inspector, Sangrur. P.W.10, Mohinder Singh, P.W.6 made his statement Exhibit PB and produced two currency notes of Rs. 50/- and Rs. 10/, before the Vigilance Inspector who applied phenolphthalein powder to the same and handed over the same to Mohinder Singh, P.W.6 with the direction that he should hand over these currency notes to the appellant when he will demand the same. A ruqa Exhibit PB was sent to the police station Longwal for registration of the case. Bhagwant Singh Vigilance Inspector, P.W.10, Mohinder Singh, P.W.6, Bhan Singh, P.W.7. Bhartari Singh a Sub Inspector of Vigilance Bureau and other members of the police party then went in a jeep towards Longowal In the are of village longwal Chhota Singh P.W.8 met them. and he was joined in the police party which reached the house of Mohinder Singh P.W.6. Mohinder Singh, P.W.6 and Bhan Singh, P.W.7 where directed to remain present in the courtyard. Bhan Singh was further directed to give a signal by keeping his hand or, his head after the currency notes were handed over to the appellant by Mohinder Singh, P W 6. The other members of the raiding party including, Chhota Singh P W 8 remained inside the room of the said house. At about 400 M. the appellant Randhir Singh came to the house of Mohinder Singh on his bicycle and parking the same outside the gate came in the courtyard where Mohinder Singh was present. The appellant demanded money from him, who gave Rs. 60/- to the appellant. The appellant kept the said amount in his right hand. On a signal given by Bhan Singh the raiding party come in the courtyard and apprehended the appellant. Inspector Bhagwant Singh, P.W.10 disclosed his identity and on search of the person of the appellant, two currency notes of Rs. 50/- and Rs. 10/-, Exhibits P.1 and P.2 were recovered from the right hand of the appellant. The numbers of these notes were got compared with those mentioned in memo Exhibit PE and the same tallied with each other. The Inspector prepared a solution of water and sodium carbonate in a glass anddipped both the hands of the appellant in that solution which turned light pink. It was transferred into a nip Exhibit P 7 which was sealed and taken into possession The appellant was arrested and after completion of investigation a challan was presented against him. He was tried, convicted and sentenced as indicated above.

(3.) I have heard the learned counsel for the appellant and gone through the evidence on the record. The prosecution case rests upon the testimonies of Mohinder Singh, PW 7 and Chhota Singh, PW 8. The grievance of the appellant is that all these three witnesses are inimical to him as he had made reports against them and just to teach him a lesson, this case has been got planted against him. Perusal of the statement of Mohinder Singh, P.W.6 would show that he was feeling unhappy with the appellant for the reason that the appellant had submitted a report against him that the electricity was consumed for domestic use as well as for poultry farm and similarly, the appellant had made reports against Chhota Singh and Bhan Singh, PWs. Mohinder Singh P.W.6, in his statement has stated that " I Bhan Singh and Chhota Singh, PWs having felt annoyed with the accused chalked out a scheme of teaching a lesson to him." It was admitted by Mohinder Singh PW 6 that his wife of and the wife Bhan Singh are real sisters. Bhan Singh, PW 7 also stated in his cross examination that the appellant had submitted a report against him stating that the electricity meter installed in his house was sticky and for these reasons he was made to suffer. Chhota Singh, P.W.8 is neighbour of Mohinder Singh and is not a stranger to him,