JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 11.8.2005 passed by the Court of learned Judge, Special Court, Jalandhar, whereby he convicted and sentenced Jaswant Singh to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 13(e) of the Prevention of Corruption Act, 1988 (hereinafter to be referred to as 'the Act' ).

(2.) SUCCINCTLY put the facts of the prosecution case are that 6.12.2000, Gurpreet Deol, IPS, Senior Superintendent of Police, the then Superintendent of Police, Vigilance Bureau, Jalandhar, received information from reliable sources that Jaswant Singh, Panchayat Secretary Mandiala, Police Station, Mehalpur, has amassed wealth by accepting illegal gratification and during and during the period 1.10.1991 to 31.12.1991, he had spent Rs. 16,83,062/-, whereas his actual income from his known sources was Rs. 6,86,176/-. Thus, he has spent Rs. 9,96,086/-which he had accumulated by accepting illegal gratification as a public servant. He was also informed that Jaswant Singh had built two houses besides his having purchased certain plots in the name of his wife and a Maruti Car by misusing his position as a public servant. On the basis of this information, Ruqa was sent for registration of the case. On its basis, FIR was recorded. The accused was arrested. After completion of investigation, the charge sheet was laid in the Court for trial of the accused.

(3.) TO bring home guilt against the accused, the prosecution has examined Piara Singh, PW-1 Accounts Officer, Telecom Department, Jalandhar, PW-2 Surjhit Ram, Transport Clerk, Office of SDM Nakodar, PW-3 Bhinder Singh, Senior Assistant, Rural Development and Panchayat, Punjab, Chandigarh, PW-4 Amarjit Singh, Junior Assistant, Rural Development and Panchayat Department, Shahkot, PW-5- Charanjit Singh, Superintendent, Panchayat Samit, Rurka Kalan, PW-6 Brijmohan Sehgal, Senior Assistant, Tehsil Office, Nakodar, PW-7 Surinder Kumar, Clerk, Office of SP Vigilance, Jalandhar, PW-8 Mangal Singh, PW-9 Harnek Singh, Inspector Vigilance Bureau, Jalandhar, PW-10 Hardev Singh, Seed Testing Officer, Gurdaspur, PW-11 Naval Chander Bhalla, Manager, The Nakodar Hindu Urban Cooperative Bank, Nakodar, PW-12 Gurmej Singh, PW-13 Ram Asra, Accountant, Office of the Block Development and Panchayat Office, Block Nakodar, PW-14 Kulbir Singh, SDO Rural Works, Sub Division, Kapurthala, PW-15 Mohan Singh, Assistant Manager, State Bank of Patiala, Goraya, PW-16 Jagtar Singh, PW-17 Harmesh Chander Sharma, Superintendent, DDPO Office, Rurka Kalan, PW-18 Vikram Nayyar, Revenue Accountant, Model Town Region, Ludhiana, PW-19 Gurdip Singh Sidhu, Ex-Senior Manager, Punjab and Sind Bank, Nakodar, PW-20 Gurpreet Deol, SSP Hoshiarpur, and closed its evidence.