MAHABIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by Mahabir Singh against the judgment of the special Judge, Bhiwani, dated November 8, 1983, by which he was convicted under section 5(2) read with section 5(1) (c) of the Prevention of Corruption Act, 1947, and under section 409 of the Indian Penal Code. For the conviction under the Prevention of Corruption Act he was sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs. 500/- and under section 409 of the Indian Penal Code, sentence of one year's rigorous imprisonment was imposed upon him. The substantive sentences were ordered to run concurrently.

(2.) THE appellant is working as a Conductor in the Haryana Roadways and is, therefore, a public servant. According to the prosecution he was on duty as a Conductor in Bus No. HRO 2714 of the Haryana Roadways on September 9, 1982 which was going from Rohtak to Dadri. The bus was intercepted at about 5.45 p.m at the Dadri bypass by a checking party consisting of the Inspector of Haryana Roadways Bal Krishan (PW 3) and Iqbal Singh, Deputy Superintendent of Police (PW4) and some other police officials. Two passengers, namely, Siri Ram (PW1) and Bhagwana (PW2) alighted from the bus and they unloaded some luggage. They were unable to produce their tickets and on enquiry informed that they paid Rs. 25/- to the appellant but he had failed to issue them any tickets. One Ram Dhari, Inspector of Haryana Roadways, was member of the checking party and he drafted the First Information Report (Exhibit PD) which he handed over to Iqbal Singh, Deputy Superintendent of Police. On the basis of this report a formal First Information Report (Exhibit PG) was recorded on October 19,1982.

(3.) THE learned Special Judge, Bhiwani, placing reliance on the statement of Bal Krishan (PW3) and Iqbal Singh D.S.P. (PW4) convicted and sentenced the appellant as indicated above.