GANGBIR SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This appeal has been filed by the accused who has been convicted by the learned trial Court of having committed offences punishable under Sections 7 and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 and has been sentenced to undergo rigorous imprisonment of two years and to pay fine of Rs.5000/- and in default of payment of fine to undergo further simple imprisonment for six months.

(2.) The prosecution story, in brief, is that the complainant Aashik Ali and his family members had some dispute with their neighbour Abdul Hamid. It was alleged that Abdul Hamid used to cause nuisance by diverting dirty water towards the house of the complainant and his family. On 21.6.2005 Abdul Hamid again diverted the dirty water towards their house. Smt.Farida Begum, wife of the brother of the complainant, objected to this and on this she was beaten up by the family members of Abdul Hamid. Thereafter, the complainant took Farida Begum to the Police Post, Majra to lodge a report. The Munshi who was present in the Police Post demanded money for lodging the report. One Head Constable (accused) was sitting there who also demanded money. No money was paid but the report was lodged. Thereafter, the complainant and Farida Begum came back to their house.

(3.) Next day on 22.6.2005, the accused came to the house of the complainant at 7 p.m. in uniform and demanded Rs.5000/- for doing the investigation in favour of the complainant who informed the accused that both the parties were entering into a compromise and no further action was required on their report. On this, the accused threatened that the matter could not be compromised and he would not accept the compromise and would take strict action against the complainant. The same day, at about 8 p.m., a compromise was entered into between the complainant and Abdul Hamid and his family and reduced in writing in presence of the accused. A copy of the compromise was given to him but he again demanded Rs.5000/-. The complainant stated that he could not pay this huge amount and requested the accused to reduce the demand and the deal was finally struck at Rs.3000/-. The accused asked the complainant to meet him in the evening of 23.6.2005 near Majra Chowk at Paonta Sahib otherwise he threatened to arrest him.