BHUP SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT , Bhup Singh, a government servant, has, in this appeal, assailed the judgment, dated 29.8.2006, of learned Special Judge, whereby he has been convicted of offences, under Sections 7 and 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as Act), and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 3000/ - for offence, under Section 7 of the Act and simple imprisonment for one year and fine of Rs. 5000/ -, for offence under Section 13(2) of the Act.

(2.) APPELLANT had been working as Veterinary Officer in the Veterinary Hospital at Mandi, in December, 1997. On the night of 29.12.1997, a Jersy cow of PW -4 Santi Devi, died. That cow was insured. To raise claim, for the loss of cow, from the Insurance Company, post mortem report by a Veterinary Officer of some government institution, was required. So, PW -4 Santi Devi, through her son PW -1 Tej Ram, who was working as Langri in the Police Department, approached the Appellant to conduct post mortem on the dead cow. Appellant went to the village of PW -1 Tej Ram and conducted post mortem of the cow and told him that he could collect the post mortem report from his office. On 31.12.1997, PW -1 Tej Ram went to the office of the Appellant to collect the post mortem report. Appellant, allegedly, demanded a bribe of Rs. 300/ -.

(3.) WHEN PW -1 Tej Ram went to the office of the Appellant, the latter asked if he had brought the money, upon which Tej Ram passed on the currency notes to him. PW -3 Netar Singh, who was acting as shadow witness, gave the prefixed signal to PW -11 Yog Raj, Dy. S.P. and his party. Yog Raj immediately went to the office room of the Appellant and overpowered him. He disclosed his identity to him and required him to produce the currency notes. Appellant took out the currency notes from one of the side pockets of his pants, which he was wearing. He was made to wash his hands in plain water. Then solution of sodium carbonate in water was added to the hand wash, which turned pink. Pocket of the pants of the Appellant was also washed and to that wash also, solution of sodium carbonate was added and that too turned pink. Samples of the hand wash and the pants ' pocket wash were taken into two separate nips. Currency notes were taken into possession and seizure memo was prepared. Samples of hand wash and pants ' pocket wash were sent to the Chemical Excaminer, who reported that the hand wash and pants ' pocket wash contained traces of phenolphthalein powder and sodium carbonate.