ANAND PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been directed against the judgment/order of sentence dated 21-11-1996 rendered by the court of Special Judge, Gurgaon, whereby he convicted and sentenced Ishwar Singh to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 1,000/-or in default thereof, to further undergo rigorous imprisonment for a period of 3 months under Section 7 of the Prevention of corruption Act, 1988 (hereinafter referred to as the Act')and also convicted and sentenced anand Parkash accused to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. l. 000/- or in its default, to further undergo rigorous imprisonment for a period of 3 months under Section 12 read with Section 7 of the Act.

(2.) THE factual matrix is that on 23-11-1993, sube Singh son of Siri Chand, lodged fir in Police Station, State Vigilance Bureau (Haryana), Gurgaon stating that he is a resident of Fairukh Nagar, District Gurgaon and runs a shop of readymade garments. He applied to Gurgaon Primary Co-operative agricultural and Rural Development Bank for a grant of loan of Rs. 30. 000/- which was sanctioned. A cheque of Rs. 15. 000/-was handed over to him by Ishwar Singh, field Officer on 9-10-1993. In the evening on 1-11-1993, Ishwar Singh visited his house and demanded Rs. 1. 500/- as Illegal gratification for releasing the aforesaid cheque. He told that he had already spent the amount and his account will be settled when the next instalment will be paid to him. On 17-11-1993, he along with Azad Singh, with whom he had good relations, visited the bank. He asked Ishwar Singh for release of the cheque of the remaining identical amount. Ishwar Singh completed all the formalities but he kept the cheque with himself and told that Rs. 3. 000/- be paid to him on the next day and then the cheque will be handed over to him. On 18-11-1993, he accompanied by Azad Singh, again visited the bank but Ishwar Singh was not available. Today, he and Azad Singh when visited the bank, Ishwaf Singh, Field Officer and Anand parkash, Manager were found present in the letter's cabin. When he asked Ishwar Singh to deliver the cheque, he demanded Rs. 3. 000/ -. He (Sube Singh) did not want to give illegal gratification.

(3.) ON the basis of the above statement, the case was registered by DSP Sultan singh. Sube Singh, complainant produced rs. 3. 000/-, out of which 25 currency notes were in the denomination of Rs. 100/- each and one currency note was in the denomination of rs. 500/- which were initialled and seized vide Recovery Memo. Phenolphthalein powder was applied to these currency notes which were handed over to Sube Singh vide Fard Hawalgi. The raiding party was constituted. Azad Singh was deputed as a shadow witness with a direction to give signal when the notes were handed over to the accused. Sube Singh was instructed to hand over these currency notes to Ishwar Singh on demand. On receipt of the appointed signal from Azad Singh, the raiding party entered the office of Manager of the Bank. The accused disclosed their names as Anand parkash and Ishwar Singh. The tainted currency notes were stated to have been kept in the Almirah. On search of the same, the currency notes worth Rs. 3. 000/- were recovered by Khalll Ahmed. Tehsildar, who was also associated with the raiding party. These currency notes were the same which were handed over to Sube Singh. The same were seized vide Recovery Memo attested by the witnesses. A cheque in the sum of Rs. 15. 000/- was recovered from the possession of Ishwar Singh accused. The same was also seized vide Recovery Memo. The hand wash of pink colour of the accused Ishwar Singh as well as Anand Parkash was put into separate bottles, which were seized vide Recovery Memo. Thereafter the hands of complainant sube Singh were also got washed with sodium carbonate water. The water turned pink which was also put into a bottle and taken into possession vide Recovery Memo. The Register was also seized from the drawer of the table of the Manager and taken into possession vide Recovery Memo. The seal, after use, was handed over to Khalil Ahmed. The accused were arrested. On return to the police Station, the case property was deposited with the MHC with seals intact. After completion of investigation, the charge sheet was laid in the Court for trial of the accused. . The accused Ishwar Singh was charged under section 7 of the Act whereas his co-accused anand Parkash was charged under section 12 of the Act to which they did not plead guilty and claimed trial.