MATHUR, J. - (1.) BY the judgment impugned dated 25. 11. 2003, learned Sessions Judge/special Judge, (Prevention of Corruption Act Cases), Jodhpur, for the offences punishable under Sections 7 and 13 (1) (d) (ii) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act of 1988"), convicted appellant Kashi Ram and sentenced him as follows:- Offence u/sec. Sentenced to Undergo Fine In default to pay fine 7 P. C. Act 5 yrs. R. I. 25,000/- 6 months S. I. 13 (1) (d) (ii) P. C. Act 5 yrs. R. I. 25,000/- 6 months S. I.
(2.) BY the same judgment appellant Hodal Singh too was convicted for the offence punishable under Section 12 of the Act of 1988 and was sentenced to undergo five years rigorous imprisonment with fine of Rs. 25,000/- and in default to further undergo six months simple imprisonment, hence these appeals under Section 374 Cr. P. C. are preferred. The case of the prosecution was that on receiving a source information by Shri Chatur Sen, Additional Superintendent of Police (Anti Corruption Bureau), Jodhpur, on 17. 2. 2000 at about 09. 00 A. M. relating to huge collection of money illegally by Shri Kashi Ram, the then Superintending Engineer, Public Works Department, Pali, a search was started at his residence at 02. 40 P. M. and during that search a sum of Rs. 1,00,000/- was recovered. As per the prosecution, the amount aforesaid was received by Shri Kashi Ram as an illegal gratification by misusing his office, thus, he committed offences under Sections 7 and 13 (1) (d) (ii) of the Act of 1988 and Shri Hodal Singh, a contractor gave money aforesaid to Shri Kashi Ram with an motive to seek official favour, thus, an offence as per Section 12 of the Act of 1988 was also commissioned. Learned trial court after considering the police record and material produced with that, framed the charges against the appellants as follows:- Appellant Hodal Singh : ************ The defence of appellant Shri Kashi Ram as put forward from the inception was that he never demanded and accepted any gratification and the amount recovered must have been planted by Shri Hodal Singh who was keeping enmity with him. Appellant Hodal Singh defended himself by total denial of prosecution story and also the allegation of planting money by him at the residence of Kashi Ram. To substantiate prosecution case, PW-1 Murli Manohar Sharma; PW-2 Rajendra Nath Purohit, Executive Engineer, Public Works Department, Pali; PW-3 Ramesh Kumar, Peon, Public Works Department, Pali; PW-4 Shanti Kumar Verma; PW-5 Ram Dayal (Executive Engineer, Public Works Department; PW-6 Tara Chand, Executive Engineer, Public Works Department, NH; PW-7 Ramesh Rathore, Junior Accountant; PW-8 Surendra Chandawat, Videographer; PW-9 Giri Raj Prasad Meena, Bank Officer; PW-10 Narendra Verma, Assistant Engineer, Public Works Department, PW- 11 Ratan Lal, Steno, Superintending Engineer, Public Works Department, NH, Pali; PW-12 Chatur Sen, Additional Superintendent of Police, Anti Corruption Department, JD, Jodhpur; PW-13 Parbat Singh, Deputy Superintendent of Police, Anti Corruption Bureau, Jodhpur; and PW-14 Shiv Ratan Bohra, Deputy Superintendent of Police, Anti Corruption Bureau, Pali were examined.
(3.) IN defence Shri Jaswant Mal (DW-1), Assistant Engineer, Public Works Department, Pali was produced by Shri Kashi Ram and Shri Jugal Kishore (DW-2) was produced by accused appellant Hodal Singh. The prosecution also produced 17 documents in evidence and those were exhibited as follows:- Ex. P/1 : Checking memo 17. 2. 2000 at 2. 40 pm Ex. P/2 : Letter of Superintending Engineer to Executive Engineer, Public Works Department, NH - 14. 2. 2000 Ex. P/3 : Prosecution sanction Ex. P/4 : Appointment & posting order Ex. P/5 : Cheque - Bank of Maharashtra Ex. P/6 : Bank account Hodal Singh Ex. P/7 : 161 Statement Giri Raj Prasad Meena Ex. P/8 : Letter Bank of Anti Corruption Bureau Jodhpur Ex. P/9 : Formal FIr Ex. P/10 : Formal FIr Ex. P/11 : Letter Anti Corruption Bureau to Bank Ex. P/12 to Ex. P/15 : Appointment Ex. P/16 : Malkhana Register Ex. P/17 : Posting Order Superintending Engineer IN defence following documents were exhibited:- Ex. D/1 : 161 Statement Tara Chandawat Ex. D/2 : 161 Statement Ramesh Rathore Ex. D/3 : Test Report BMM Steal Bars Lilan Bridge (DW-1) Ex. D/4 : Test Report - by Assistant Engineer, PW-10 Narendra Verma Ex. D/5 : Extra Item Perterma Ex. D/6 : Order Chief Engineer 31. 3. 99 Ex. D/7 : 161 Statement Narendra Verma Ex. D/8 : 161 Statement Ratan Lal - Steno Ex. D/8 : Graduation report 15. 2. 2000 DW-1 Jaswant Mal Ex. D/9 to Ex. D/35 : The receipts relating to loading of goods Ex. D/36 : Departmental Enquiry Report 29. 2. 2000 Pw-1 Shri Murli Manohar Sharma who accompanied the search team as a "motbir", stated on oath that on 17. 2. 2000 while holding the office of Assistant Commercial Taxes Officer, Jodhpur, he was instructed by Deputy Commissioner to report at Anti Corruption Bureau Office where he reached at about 10- 11 A. M. and met Shri Chatur Sen, Additional Superintendent of Police and Shri Parbat Singh, Deputy Superintendent of Police. Shri Ramesh Rathore, Junior Accountant, was also present there. As per instructions of Additional Superintendent of Police, Pw-1 accompanied the search team. A videographer was also accompanying them. First, they went to Public Works Department Rest House, Pali and then to residence of Shri Kashi Ram who was then available at his house. The Additional Superintendent of Police, introduced himself to Kashi Ram and demanded for search. Shri Kashi Ram insisted to call atleast two persons from his office, those were called and in their presence search was made. Before commencing search Kashi Ram said to Additional Superintendent of Police that he is having with him no money except part of his monthly salary i. e. of about Rs. 10-12,000/ -. During search 10 bundles of currency notes were found kept below the pillow of a double bed installed in a room. Those bundles of currency notes were carrying seal of the "bank of Maharashtra". A sum of Rs. 12,200/- was also found in an almirah and that was said as a part of his salary by Kashi Ram. For 10 bundles of currency notes amounting a sum of Rs. 1,00,000/-, Shri Kashi Ram said to the Additional Superintendent of Police that little earlier a person named Hodal Singh came to him and left the place after having conversation for about half an hour and the amount aforesaid might have been planted by him. In cross examination Pw-1 Shri Murli Manohar Sharma stated that the search team proceeded for Pali from Jodhpur at about 11-12 hours and reached at Dak Bungalow, Pali at about 02. 00 P. M. He also stated that the room having double bed was adjacent to the drawing room. In his statements, Pw-2 Shri Rajendra Nath Purohit stated that at the relevant time he was posted as Executive Engineer (NH Division), Pali and Kashi Ram was holding the post of Superintending Engineer. The contractor of repairing work relating to National High Way-14 from kms. 94-110 was M/s Narain Singh Gulab Singh of Himmatnagar, Gujarat. Hodal Singh was running hot mix plant and was also supplying materials to firm M/s Narain Singh Gulab Singh. The material used by the firm was not as per specifications resulting in side breakage of roads, thus, at his request Shri Kashi Ram inspected the site and gave instructions to the contractor firm to complete the work with the quality as per the specifications. He also stated that Shri Kashi Ram was a hard working and honest officer with good administrative qualities and the contractors were keeping annoyance with him looking to his tough attitude relating to quality of work. ;