JUDGEMENT
SHAM SUNDER, J. -
(1.)THIS appeal is directed against the judgement of conviction and the order of sentence dated 10.08.94, rendered by the Court of Special Judge, Central Bureau of Investigation, Punjab, Patiala, vide which, it convicted the accused, for the offence punishable under Sections 5(2) of the Prevention of Corruption Act, and sentenced him to undergo rigorous imprisonment for a period of 2-1/2 years and to pay a fine of Rs. 700/-, and in default thereof, to further undergo rigorous imprisonment, for a period of three months.
(2.)THE facts, in brief, are that Udham Singh, had retired as a Havaldar, from 3 Mountain Regiment w.e.f. 01.09.87. Vide letter dated 07.08.87, he was granted commuted pension of Rs. 35,112/-, and death-cum-retirement gratuity of Rs. 9675/-. His pension w.e.f. 01.09.87, was also fixed, in the month of October. The pension payment order was issued by the Artilliary Records, Nasik Road Camp, in respect of payment of Havaldar Udham Singh. The order dated 07.09.87, was entered into the pension payment order register maintained in the office of the Defence Pension Disbursing Officer, Sangrur, at Sr. No. 1347. The pension book alongwith they above said intimation was received by Udham Singh, directly.
On 24.09.87, Havaldar Udham Singh, visited he office of the Defence Pension Disbursing Officer, for getting the payment of commuted pension of Rs. 35,112/- and death-cum-retirement gratuity of Rs. 9675/-. Harcharan Singh Bhalla, accused, was working as Section Officer, in the office of Defence Pension Disbursing Officer, Sangrur. He was to deal with the case of Udham Singh, Havaldar. Bansi Lal, Defense Pension Disbursing Officer, had seen the papers brought by Udham Singh, and had made an entry thereon in red ink "1347. Please visit on 26.10.87." Harcharan Singh, accused, demanded a sum of Rs. 500/-, from Havaldar Udham Singh, as gratification, other than legal remuneration, and told him that if he paid the same, the cheque would be issued promptly. The accused further told Udham Singh, that he if he did not pay a sum of Rs. 500/-, he might not get the cheque even on 26.10.87, as a result whereof, he would be losing interest of Rs. 800/-. Havaldar Udham Singh, told him, that it was his hard earned money, by serving in the border hilly areas, and that he could not afford to make any payment of gratification, other than legal remuneration. Thereafter, Udham Singh, met Capt. Mohinder Singh, in the office of Zila Sanik Board, Sangrur, and told him, with regard to demand of gratification, other than legal remuneration, in the sum of Rs. 500/- made by the accused, for issuing the cheque. At that time, Lt. Surjit Singh of Zila Sainik Board, was sitting with Capt. Mohinder Singh. Then Capt. Mohinder Singh, took Udham Singh, to the office of Public Grievances Officer, Sangrur, where he (Udham Singh), repeated the facts about the demand of Rs. 500/-, as gratification, other than legal remuneration, by the accused. The Public Grievance Officer, advised Udham Singh, to approach the Deputy Superintendent of Police, Vigilance, Sangrur.
(3.)ON 25.09.87, Udham Singh, visited the office of Deputy Superintendent of Police, Vigilance, Sangrur, but he was not available. Udham Singh, sustained a foot injury, while working in his fields. Therefore, he could meet the Deputy Superintendent of Police, Vigilance, Sangrur, only on 29.09.87. On 29.09.87, before going to the office of Deputy Superintendent of Police, Vigilance, Sangrur, Udham Singh, again visited the office of the Defence Pension Disbursing Officer, Sangrur, and met the accused. He requested him to issue the cheque, without any payment of illegal gratification. The accused, however, repeated the demand of Rs. 500/-, as gratification, other than, legal remuneration, for issuing the cheque. Udham Singh, did not want to make the payment of the said amount. As such, he went the office of the Deputy Superintendent of Police, Vigilance, Sangrur, where the Vigilance inspector recorded his statement. Nachattar Singh, Welfare Officer, Sangrur, was also called there. In his presence Udham Singh, produced currency notes of Rs. 500/-, the details whereof, were recorded by Teja Singh, Deputy Superintendent of Police, in a separate memo. Thereafter, demonstration of the powder showing that if something was treated with the same and it (powder) was washed in the solution of sodium carbonate, it would turn into pinkish, was also given to Udham Singh. Thereafter, the currency notes, aforesaid, were treated with phenol-pathelein powder. The same were handed over to Udham Singh. Thereafter, the Vigilance party left for the office of the Defence Pension Disbursing Officer, Sangrur, for laying the trap. On the way Joginder Singh, independent witness, was joined with the party. He was introduced to the other members of the party. Joginder Singh, was directed to act as a shadow witness, and accompany Udham Singh, to the office of Defence Pension Disbursing Officer, Sangrur. Udham Singh, was asked to pay the aforesaid tainted currency notes, to the accused on demand. Joginder Singh, was asked to give signal by putting both his hands on his turban, while standing near the door of the room, after the amount of gratification, other than legal remuneration, was demanded and accepted by the accused. The other members of the Vigilance party took their position, near the office, by concealing their presence. On demand of gratification, other than legal remuneration, in the aforesaid sum, the same was paid by Udham Singh, to the accused. Thereafter, the requisite signal was given by Joginder Singh, shadow witness, to the remaining members of the Vigilance party, who had concealed their presence, as a result whereof, the said party reached the office of the accused. The accused was caught from his right wrist, by Gurdial Singh, and Karam Singh, members of the party. Teja Singh, Deputy Superintendent of Police, Vigilance, Sangrur, disclosed his identity, and asked the accused, as to whether, he had demanded the gratification, other than legal remuneration, in the sum of Rs. 500/-, from Udham Singh. The accused admitted that he had received the payment of Rs. 500/-, as gratification, other than legal remuneration. He begged pardon. Thereafter, a glass tumbler, containing water was fetched, wherein sodium bicarbonate was put, as a result whereof, the colour thereof, did not change. The hands of they accused were got dipped into it, turn by turn, as a result whereof, the colour of the solution turned into pinkish. The solution was put in a quarter, bottle, which was sealed with the seal bearing impression 'TS'. Thereafter, Teja Singh, offered his search to the witnesses. Thereafter, Teja Singh, searched the person of the accused and found a purse of black colour made of rexin. Out of that, the tainted currency notes of Rs. 500/-, were recovered. Another sum of Rs. 675/-, was also recovered from the said purse. One white pen was also recovered from the person of the accused. The numbers of the currency notes were compared with the numbers already the mentioned in the memo, and the same tallied. The accused was arrested. Later on, the investigation was taken over by the Central Bureau of Investigation. After the completion of the investigation, the accused was challaned.