KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kashmir Singh appellant stands convicted and sentenced to rigorous imprisonment for two years and a fine of Rs. 1000, in default further rigorous imprisonment for three months, under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and to rigorous imprisonment for one year under Section 161 of the Indian Penal Code. Both the sentences have been ordered to run concurrently.

(2.) The appellant was posted as a Sub-Inspector of Co-operative Societies at Patti in July, 1981. The co-accused of the appellant, Shri Satish Chander (since dead) was posted as an Assistant Registrar, Cooperative Societies, at Patti. Sbri Satish Chander sent a notice to Partap Singh complainant P.W.1 to deposit Rs. 18,000 and Rs. 3 1,000 in the account of Toot Gill Cooperative Agricultural Service Society of village Toot since Partap Singh was a defaulter to the tune of Rs. 1,40,000 on account of loan and interest due to the cooperative society. Partap Singh appeared before Shri Satish Chander and explained that no money was due from him and that the case registered against him by the police bad been cancelled. However, Sbri Satish Cbander told him that his land would be attached and the aforesaid amount would be recovered from him by putting his land to auction. The case was adjourned to some other date. The appellant and Shri Satish Cbander demanded Rs. 3,000 from Partap Singh for hushing up the proceedings against him and asked him to arrange the amount within two or three days. On 20th July, 1981, this demand was again made by the appellant and his co-accused at Patti. Since Partap Singh was averse to the payment of illegal gratification be r contacted Har bhajan Singh Vigilance Inspector P.W. 13 on 22nd July, 1981. Vigilance Inspector Harbhajan Singh recorded the statement of Partap Singh Exhibit PA. Karaj Singh P.W. 2 was also present there. On the basis of Exhibit, PA formal. first information report Exhibit PA/2 was recorded at Police Station, Patti, on 22nd July. 1981, at 3.30 p.m. Partap Singh .gave thirty currency notes of the denomination of Rs. 100 each to Harbhajan Singh Vigilance Jnspector who after notice down. their numbers and after treating them with phenolphthalein, powder gave Exhibits P 1 to P 30 for being passed on to the appellant. Karaj Singh P.W. was directed to act as a shadow witness. At about 12.30 p.m. the raid party consisting of Karaj Singh, Partap Singh Harbbajan Singh Vigilance Inspector and Sbri R. P. Goyal Tehsildar went to Patti in a jeep. Karaj Singh and Partap Singh went ahead of the party. Currency notes Exhibits P1 to P30 were handed over to the appellant by partap Singh in the compound of his office. Satish Chander was not present at that time in the office. The appellant put the currency notes in tte pocket of his pant Exhibit P 34. The appellant took par tap Singh to the first floor of the office. By that time Shri Satish Chander had also come, there. On a signal being given by Karaj Singh, Harbhajan Singh Vigilance Inspector and the other members of the party came to the office of the appellant. After Tobserving due formalities Harbhajan Singh Vigilance Inspector searched the person of the Appellant and recovered currency notes Exhibit P 1 to P:O from the pocket of his pant: The numbers of the currency notes were compared and these tallied with the numbers noted down by the Vigilance Inspector. The appellant was made to wash his hands in a solution of sodium carbonate. The colour of the same turned pink. The solution was turned into [nip Exhibit P 35. The pocket of pant Exhibit P 34 was also washed in a similar solution. The colour of the same turned pink. It was also transferred into a nip, Exhibit P36. The appellant was arrested and, after due sanction, was sent up for trial.

(3.) In his statement under Section 313 of the Code of Criminal Procedure the appellant denied the prosecution allegations and came out with the following version: On 16/3/1983 I went to the office of the ,said society of village Toot. Members of the said society including the son of Par tap Singh P.W. met me. At their asking I prepared the case showing the amount of Rs. 18803/-due from Partap Singh ,P.W. the amount of Rs. 33192/due from him on account of value of the fertilizers. I followed up those cases then pending before Satish Chander. Mother of Par tap Singh P.W., namely, Rarnam Kaur was defaulter in the sum of Rs. 3500/-from the year 1968. I was the presenting officer before the Arbitrator in tile matter of the recovery of that amount from Harnam Kaur. Sum of Rs. 7897.50 was due from Gurmel Singh son of Partap Singh to the said society and the warrant of the recovery of that amount was marked to me for execution. I arrested Gurmel Singh on 5.6.1981 in execution of that warrant and realised the amount due from him. On 22/7/1981 I went to the office of Satish Chander for receiving the official mail. Satish Chander called me to his office and gave to me t be tainted currency notes of Rs. 3000/- saying that it should be deposited in the name of Partap Singh P.W. against till: amount of Rs. 11999-50 due from him to the said society. I am innocent. In defence he examined Vjjay Kumar Record Keeper on the Central Cooperative Bank as D.W. I. He stated that on 18th July, 1981, the official jeep remained parked in the garage and did not go out of Patti. Shri Kulwant Rai Record Keeper of the office of the Assistant Registrar D. W. 2 deposed on the basis of the record that a warrant of arrest against Shri Gurmel Singh son of Partap Singh complainant was issued by the Department and that the same was sent to Kashmir Singh for execution of the warrant. D.W.3 Varinder Dev, Record Keeper of the office of Assistant Registrar, Cooperative Societies, Ajnala, stated that a dispute between the society and Harnam Kaur mother of Partap Singh complainant P.W. was referred to an arbitrator who gave his award Ex. DM against the complainant on 3rd August, 1981 D.W. 4 Sadha Singh President, Toot Gill Agricultural Cooperative Society, stated on the basis of the record that Rs. 11999-50were due from Par tap Singh on 23rd November, 1980, and that on 31st July, 1981, Partap Singh had deposited Rs. 5805 as principal and Rs. 1195 as interest as part payment of the loan and again on 6th November, 1981, Partap Singh paid Rs. 3866 80 as principal and Rs. 507 as interest towards the payment of the loan and interest due thereon to the society.