PURAN SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of the learned Special Judge, Anti-Corruption Jammu, dated 23-5-1992, whereby the appellant has been convicted for the offence Under Section 5(2) of the Prevention of Corruption Act, 2006, hereinafter referred to as Act, and Section 161 of the RPC, and sentenced to three years' rigorous imprisonment and a fine of Rs. 1,000.00 in the former and two years' rigorous imprisonment and a fine of Rs. 500.00 in the latter.

(2.) The prosecution case against the appellant was that while posted as ASI Police Station, Reasi in the year, 1984, he was directed to make an inquiry u/S. 174 of the Cr. P.C. with regard to a report of the Chowkidar of village, Shirjan Dhar dated : 5-12-1984 that human skeleton was found in a 'Nallah' and the dead body eaten away by vultures and crows. After visiting the spot and making an inquiry, he requested for registration of a case for the offence u/S. 302, RPC. When the case was registered, he started making investigation into the matter. During the course of investigation the dead body of the deceased was recovered/seized by him which was without skull and one arm.

(3.) Allegedly, the father of the deceased Bir Singh requested the appellant for the recovery of the missing limbs and the appellant demanded Rs. 1,000 from him in this behalf as a bribe. The bargain was allegedly, struck at Rs. 500.00 which the complainant Bir Singh borrowed from one Sain and paid it to him in presence of Kartar Singh and Hans Raj. It is alleged that despite the payment of bribe, the missing limbs of the deceased were not recovered by the appellant. Consequently, Bir Singh made a complaint to the D. I. G. Vigilance Organization somewhere in December, 1984 itself. However, after some inquiry a case (was) registered against the appellant on 4-3-1986 with FIR No. 7 of 1986 of Police Station Vigilance Organization, in pursuance of some letter of the D. I. G. (Vigilance) dated 4-3-1986. The investigation took the Vigilance Organization more than three years, and last of all, charge sheet was filed against the appellant in the Court on 30-6-1989.