GURJANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated August 22, 1986, passed by Special Judge, Faridkot, by which appellant Gurjant Singh has been convicted under Section 409, Indian Penal Code, and Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act, 1947, and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo further rigorous imprisonment for four months, on each count. Both the substantive sentences were ordered to run concurrently.

(2.) THE prosecution case, briefly stated, is that on August 23, 1984, a surprise checking was conducted by a Vigilance party comprising Mohinder Singh, Deputy Collector (Vigilance), Urmal Kumar, Sub Inspector of C.I.A., Mohinder Singh Garcha, Ziledar (Vigilance) and Harjit Singh, Revenue Clerk of Vigilance Bureau and after checking of stock register, M.A.S. register and indent Books, it was found that Gurjant Singh, Junior Engineer, posted in Canal Lining Sub-Division, Moga, had misappropriated 2844 bags of cement and 1,20,900 bricks worth Rs. 1,90,000/-. So, report, Ex. PN, was submitted by the Vigilance party and on the basis of this report, ruqa, PN/1, was sent to Police Station City; on the basis whereof the present case against the accused was registered. After completion of necessary investigation, challan against the accused was presented in Court by Sampuran Singh, Inspector Vigilance, Punjab, Chandigarh.

(3.) WHEN examined under Section 313, Criminal Procedure Code, the appellant admitted his appointment and posting as alleged by the prosecution. He also admitted the entries at pages 3 to 9, 16 and 17 in the stock register, Ex. P.2, to be in his hand-writing and bearing his signatures. He also admitted that on September 18, 1983, the S.D.O. gave certificate, Ex. P.2/A and that he gave his own certificate, Ex. P/2/B. He further admitted to have maintained the Measurement Books, Exs. P.3, P.4 and P.5 and Indent Book, Ex. P.6. He also admitted the entries to be in his hand in register, Ex. P.1, at pages 16 to 19. However, he denied the allegations of the prosecution and pleaded his innocence and false implication. The appellant examined Hardev Singh, Junior Engineer as DW 1 in his defence.