ANAND SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Anand Singh and Sant Ram have been convicted by Special Judge, Rohtak, the former under section 5(2) of the Prevention of Corruption Act and Inder section 161 of the Indian Penal Code, and the latter under section 165-A read with section 161 of the Indian Penal Code, by an order dated September 11, 1985. Feeling aggrieved, they have filed this appeal.

(2.) Kali Ram P.W. 3 was working as a Sweeper in Municipal Committee, Rohtak, and Anand Singh was working as a Sanitary Inspector in the same Municipality. Kali Rams duty was in Ward No.3 under the supervision of Anand Singh. Anand Singh demanded Rs. 301- as bribe from Kali Ram, which was declined by him. Kali Ram was attending his duty regularly, but was not marked present in the attendance register by Anand Singh from February 7 to 12, 1985. Kali Ram went to the office of the Municipality on February 12, 1985, and asked Anand Singh to mark him present. Anand Singh demanded Rs. 30/- as bribe for marking him present. The attendance register was lying on the table of Anand Singh. Kali Ram opened the register and saw that he had not been marked present from February 7 to 12, 1985. In the meantime, Anand Singh went out of the office for a short time. Kali Ram took away the attendance register from there and got its photostate copies prepared. After getting the photostate copies, he brought back the register and kept it at the same place from where he had taken.

(3.) On February 13, 1985, Kali Ram went to the office of vigilance Bureau, Rohtak. Inspector Katasi Ram P.W. 8, Inspector Ram Sarup P.W. 7 and IilSpector Nand Lal P.W.4 were present there. Katasi Ram and Ram Sarup belonged to Vigilance Bureau whereas Nand Lal belonged to Civil Supplies Department. Kali Ram apprised the above said three persons of all the facts about the demand of illegal gratification by Anand SinghT appellant. His statement Exhibit PD was recorded by Inspector Katasi Ram, Kali Ram had taken photostate copies of the register Exhibits PF/ I to PF/4 and three currency notes of the denomination of Rs. 10/- each with him. The numbers of the currency notes were noted by the Inspector and they were treated with phenolphthalein powder and returned to Kali Ram. A raiding party was organised. Inspector Ram Sarup was made shadow witness and was told to follow Kali Ram by giving necessary instructions as to how the signal was to be sent.