SUDHIR KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against judgment of conviction dtd. 26/9/2014 and order of sentence date 29/9/2014, passed by learned Additional Sessions Judge, Bhiwani, vide which appellant was convicted under Sec. 7 of Prevention of Corruption Act, 1988, and was sentenced to undergo rigorous imprisonment for three years and fine of Rs.10,000.00, in default thereof, to undergo simple imprisonment for six months. Fine was paid. The period of custody already undergone during investigation and trial was ordered to be set off against substantive sentence.

(2.) Facts of case are that Krishan Kumar (complainant) is running a business under the name and style of M/s. Sanjeev Jangra Engineering Works and used to sell carrot washing machine and spray pump mounted on tractor throughout Haryana. His firm was certified by Government of Haryana. As machines were usually purchased from his firm, 50% subsidy was allowed by Government to farmers. Krishan Kumar (complainant) moved a complaint (Ex. PC) before Mahavir Singh, Deputy Superintendent of Police, Vigilance, Bhiwani, alleging that accused, who is working as District Horticulture Officer, Bhiwani, is keeping the cheque of Rs.3,00,000.00 regarding sale of machinery pertaining to his firm with him. Out of said amount, he has released Rs.2,30,000.00 on receiving assurance from complainant to pay him bribe, amounting to Rs.30,000.00, being 10% commission on sale of machinery and thereafter, rest of Rs.53,000.00 was to be released by accused District Horticulture Officer, Bhiwani. Complainant did not want to pay bribe. Therefore, he made said complaint on 15/5/2012 to Mahavir Singh, DSP, Vigilance, Bhiwani. Mahavir Singh, DSP, Vigilance, Bhiwani, accordingly approached the Deputy Commissioner, Bhiwani, and got appointed Naib Tehsildar Shri Ramanand as Duty Magistrate, vide order (Ex. PV). Rohtash (PW) was joined as a shadow witness. The Naib Tehsildar-cum-Duty Magistrate was informed about raid and shadow witness. Thereafter, complainant handed over 60 currency notes of denomination of Rs.500.00 each, total amounting to Rs.30,000.00, to DSP Mahavir Singh and Duty Magistrate, on which both of them put their initials and thereafter phenolphthalein powder was applied on said currency notes and these were handed over to Krishan Kumar (complainant), vide memo Ex. PF. Rohtash Kumar (PW) was directed to act as a shadow witness and give a signal to raiding party when currency notes are handed over to District Horticulture Officer. Thereafter, entire raiding party accompanied by shadow witness and Duty Magistrate went to the office of District Horticulture Officer, Bhiwani. When the bribe was paid, Rohtash (shadow witness) gave a signal to raiding party, which immediately entered the office of accused Sudhir Kumar, District Horticulture Officer, Bhiwani. DSP Mahavir Singh disclosed his identity to accused. Thereafter, Duty Magistrate in the presence of raiding party opened right side drawer of office table of accused, from where all 60 currency notes of denomination of Rs.500.00, bearing initials of Duty Magistrate and DSP were recovered. In addition to that, two cheques (Ex. PL and Ex. PM) for Rs.13,500.00 each and one cheque (Ex. PK) for Rs.25,900.00, issued by Punjab National Bank, Bhiwani, were also found and taken in possession by raiding party. Thereafter, hands of accused were got washed with mixture of sodium carbonate powder, on which colour of water turned pinkish. Thereafter, accused was arrested. The hand wash solution was sent to FSL, Madhuban. After completion of investigation, challan against accused was presented in Court.

(3.) Accused was served with a chargesheet under Sec. 7 of Prevention of Corruption Act, 1988, to which he pleaded not guilty.