GULZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present petition is to the judgment and order dated 23.12.2010 passed by the learned Additional Sessions Judge, Amritsar, whereby while setting aside the judgment dated 20.03.2009 passed by the learned Chief Judicial Magistrate, Amritsar, the petitioner was convicted under Section 420 IPC and sentenced to undergo RI for one year and to pay a fine of Rs.25,000/- and, in default of payment of fine, to further undergo RI for six months.

(2.) The petitioner was tried for committing the offence under Sections 420 IPC. FIR in this case was lodged by DSP, Vigilance Bureau, Amritsar, alleging therein that a criminal case bearing FIR No.48/97 under Section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988 was registered against one Mohinder Singh, JE, PSEB, Patti; said accused had demanded a sum of Rs.4000/- as illegal gratification from Gulzar Singh-accused-petitioner for installing a motor electric connection; that on the basis of the complaint made by Gulzar Singh, said Mohinder Singh was caught red handed while accepting the bribe, and later on tried by the Court; that a sum of Rs.25,000/- had been paid as a reward to Gulzar Singh through bank draft by the Government of Punjab; however during the trial, Gulzar Singh turned hostile and while doing so, he had defrauded the Government for having received the said award of Rs.25,000/- and hence, committed the offence under Section 420 IPC.

(3.) On the basis of the evidence led and after having heard the rival contentions, the learned trial Court, acquitted the accused-petitioner of the charge framed against him, by recording a finding that the prosecution could not prove on record the factum of Rs.25,000/- having been received by the petitioner as reward money. However, in appeal, the judgment of acquittal was set aside in the appeal by the learned Additional Sessions Judge, Amritsar, recording a finding that once accused-petitioner Gulzar Singh had received the amount of Rs.25,000/- by way of a demand draft and the same having been credited to his bank account, there remained nothing to establish that the petitioner had defrauded the Government by turning hostile in the criminal case registered against Mohinder said Singh. Accordingly, the petitioner, as noticed above, was convicted under Section 420 IPC and sentenced, accordingly.