S.D.BAJAJ,J - (1.) AROUND 1.25 A.M. (midnight) on 21 st July, 1987, Shri Sampat Singh the then Excise & Taxation, Minister, Haryana, raided the Sales Tax Barrier at Kundli in Sonepat district. Lajvir Singh, Flying Squad Officer in the department of Excise and Taxation was with him. On entering the barrier the raiding party found that Om Parkash accused was on duty inside the barrier for entering Sales Tax Declaration. Forms of the vehicles loaded with goods entering Haryana from Delhi side. They saw accused taking out currency notes from his pocket and throwing them outside from the widow in front of his seat. Co-accused Mohinder Kumar alias Jagdish collected them from the ground beneath the window outside the Sales Tax Barrier room and made them over to Lajvir Singh. On counting those were found to be of the value and denomination of Rs. 130/- only detailed in para 2 of the impugned order of the learned trial court. Lajvir Singh handed over these currency notes to ASI Daya Nand who in turn made them over to Investigating Officer D.S.P. Mohinder Singh.
(2.) THE charge framed against the two accused on the basis of evidence aforesaid on 21st April, 1986 reads :- CHARGE SHEET "State v. 1. Om Parkash son of Ram Chander, aged 37 years Clerk (under suspension) Excise and Taxation Deptt. Haryana now resident of Panipat. 2. Mohinder Kumar alias Jagdish son of Chandi Ram aged 38 years Clerk (under suspension) Excise and Taxation Deptt. Haryana now resident of Panipat. I, Gorakh Nath, Special Judge, Sonepat, do hereby charge you Om Parkash and Mohinder Kumar alias Jagdish accused as follows :- That on or about the night between 20/21-7-1987 in the area of village Kundli i.e. at the Sales Tax Check Barrier you both were working as Clerks and in your capacity as public servants you by abusing your position as such public servants obtained for yourself Rs. 14/- from Balbir son of Ramji Lal driver of truck No. DEG 1100, Rs. 20/- from Om Parkash son of Jogi Ram driver of truck No. DEL 1908, Rs. 18/- from Deep Singh son of Bhag Singh driver of truck No. MYE 8187, Rs. 15/- from Mohinder Singh son of Bhagwan Dass driver of truck No. HRE 6576, Rs. 15/- from Nahri Lal driver of truck No. HYA 9895, Rs. 30/- from Mukhtiar Singh son of Prem Singh driver of truck No. HYX 1017, Rs. 30/- from Ajit Kumar son of Jiwan Dass driver of truck No. HRE 7924, Rs. 25/- from Nasib Singh son of Bhagwan driver of truck No. HRL 1307, (in all Rs. 157/-) as illegal gratification as a motive or reward for issuing transit slips to these persons and thus you both committed criminal misconduct punishable under section 5(2) of the Prevention of Corruption Act read with section 161 IPC and within my cognizance. And I hereby direct that you both be tried by this court on the above charge. Sd/- Special Judge, Sonepat. 21-4-1988. Certified that the charge has been read over and explained to the accused in simple Hindi. The accused have pleaded not guilty to the charge against them. A copy of the charge sheet has been supplied to each of the accused free of cost. Sd/- Special Judge, Sonepat." 21-4-1988. Vide its impugned judgment dated 19th October 1988 learned-Special Judge, Sonepat acquitted co-accused Mohinder Kumar alias Jagdish and convicted accused Om Parkash of the commission of the offence under see. 5(2) of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for a period of one year and to pay Rs. 250/- as fine. In default of payment of fine the convicted accused was ordered to undergo rigorous imprisonment for a further period of three months. Feeling aggrieved therefrom convicted accused Om Parkash has filed Criminal Appeal No. 444 SB of 1988 in this Court.
(3.) I have heard Shri R.S. Cheema, Advocate, with Shri Rajiv Trikha and Mr. M.S. Sidhu, Advocates, for the appellant, Shri Surinder Lamba, Advocate, for the State and have carefully gone through the material on record.;