Gurcharan Singh and Others vs State of Punjab

Inderjit Singh, J.

Both the appeals are taken up together for disposal being arisen from same judgment.

Both the appeals have been filed by the appellants against the judgment of conviction and order of sentence dated 21.03.2005, passed by learned Special Judge, Patiala, whereby the accused-appellants were held guilty and convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 and sentenced them to undergo rigorous imprisonment for a period of 2 1/2 years each and to pay a fine of Rs. 1500/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months each under each Section.

The brief facts of the prosecution case are that Senior Executive Engineer, Dera Bassi Division, Zirakpur, wrote a letter to Senior Superintendent of Police alleging therein that as a result of complaint by Surinder Singh regarding unauthorized release of tubewell connections by employees in connivance with farmers with malafide consideration leading to theft of energy and investigation into the complaint, glaring irregularities regarding theft of energy came to his notice and accordingly the complaint was lodged with SHO of Police Station Banur on 05.10.1996. In this complaint, Executive Engineer, PSEB Banur, requested the SHO to register FIR regarding theft of energy. After obtaining the opinion of District Attorney, FIR was registered. S.P Rajpura on 05.11.1996 made report Ex. PK/1 on the report Ex. PK of Gurmail Singh, SHO. Then investigation was taken by Major Singh, the then S.P. Rajpura on 17.11.1996. He recorded statements of Baldev Singh, Ram Asra, another Baldev Singh, Daulat Ram, Chhaju Singh, Gurmit Singh and Kartar Singh. He also recorded statements of some other witnesses. On 14.02.1997, accused Gurcharan Singh was arrested whereas accused Om Parkash was arrested on 27.03.1997. On 28.06.1997, Gurcharan Singh produced before Investigating Officer 23 electric poles, 1 quintal 20 kgs. wire, which were lying in the store of PSEB and were seized vide memo Ex. PA. As per the prosecution case, accused-appellant Gurcharan Singh while working as J.E. and Om Parkash while working as lineman, accepted Rs. 50,000/- as illegal gratification from Baldev Singh in the month of July 1996. They also accepted Rs. 40,000/- as illegal gratification in the month of September 1996 from Ram Asra. It is further the allegation that Rs. 20,000/- was accepted from Baldev Singh as illegal gratification in the month of April, 1996. In the month of May and June, 1996, Rs. 42,000/- were accepted from Norata Ram as illegal gratification. Both the accused-appellants accepted Rs. 40,000/- from Chhaju Singh as illegal gratification for issuing electric connection to him. After necessary investigation, challan was presented against the accused-appellants.

On presentation of challan against accused-appellants, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, accused-appellants were charge-sheeted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988, to which they pleaded not guilty and claimed trial.

In support of its case, prosecution examined PW-1 Ranbir Singh, J.E., who mainly deposed that on 04.10.1996, he accompanied Executive Engineers Sh. S.L. Midda and Sh. H.R. Garg and went to Khanpur Bangar. They found 4-5 illegal kundi connections of Chhaju Singh, Daulat Ram and others. They removed those kundi connections and brought the wire and other material to their office. On 28.06.1997 ASI Gurdarshan Singh and S.P. Rajpura, took the material into possession from their office at Banur. PW-2 Hem Raj Garg, Executive Engineer also deposed that he along with Senior Executive Engineer S.L. Midda along with other officials went to investigate the complaint to village Khanpur Bangar on 04.10.1996. They met Sarpanch Baldev Singh and inspected the sites complained of. Baldev Singh was having kundi connection which was unauthorized. The other persons were having pucca connection after installing the poles and the wires but those persons could not produce any document at site. It was found that no connection had been given to those persons. He lodged the FIR with the police and got disconnected the unauthorized connections. Those persons were fined and they also deposited the same. Gurcharan Singh J.E. was the officer incharge of that area whereas Om Parkash Lineman was the incharge lineman of those connections and both of them were working under him. He further deposed that he sent an application Ex. PB for registration of the case. He also deposed that he moved application Ex. PC for the police help for removal of illegal connections. He also sent the report to his senior XEN regarding the whole matter, photocopy of which is Ex. PC/1. PW-3 Surta Ram deposed that Baldev Singh is his brother. He knew accused Om Parkash and Gurcharan Singh. On 18.06.1996, he went on his tractor-trolley to Banur in the office of Electricity Department. Two labourers joined him from the said office and they accompanied him. They reached Mohali in store of the said Department. Om Parkash Lineman and Gurcharan Singh J.E. got loaded 8 electric poles, wires and some other electrical equipment in his tractor-trolley. On their way back, accused got some of the aforesaid material unloaded in their office at Banur whereas accused got the said 8 poles and electric wires unloaded in the field of his brother Baldev Singh. PW-4 Karamjit Singh also deposed that on 20.02.1996, he had taken tractor-trolley in order to take electrical equipment for the connection of tubewell of Daulat Ram. He had gone in store of Electrical Department at Mohali. On the way, he joined two labourers from the office of PSEB Banur. From the store at Mohali, accused Gurcharan Singh and Om Parkash Lineman got loaded from the said store 6 electrical poles, electrical wires and other cycle insulators etc. into his trolley. Thereafter, they brought all those articles in the field of Daulat Ram. Daulat Ram had paid him the charges of carriage. His statement was recorded by the police during the investigation. PW-5 Darshan Singh deposed regarding loading of 8 electric poles, some wires and few nut bolts by the accused, which were unloaded by the accused in their office at Banur and again five poles were got unloaded along with wires in the field of Ram Asra. PW-6 Baldev Singh deposed regarding depositing of Rs. 120/- as security for the installation of connection of motor in his fields. He further deposed that accused Om Parkash demanded Rs. 50,000/- for giving connection for the electric motor. He gave Rs. 20,000/- to accused Om Parkash in June 1996 and accused told him to bring tractor-trolley after 4-5 days. He was also told to bring Rs. 30,000/- and gave the same to accused Om Parkash in office of J.E. He further deposed that his brother Surta Ram took the tractor-trolley along with other officials of the Electricity Department to the store of PSEB at Mohali. He further deposed that the electric connection was disconnected on 05.10.1996. The electricity board asked him to deposit Rs. 4500/- as penalty on account of illegal connection and the same was deposited by him. PW-7 Ram Asra deposed regarding paying of Rs. 20,000/- to accused Om Parkash at Banur and again he paid Rs. 20,000/- to Om Parkash. He also deposed that he took tractor-trolley of Darshan Singh. They were given 8 poles, wire and other miscellaneous articles from the PSEB store, Mohali. He further deposed that both the accused present in the Court, gave him electric connection. After installation of the connection, higher officers of the department came and disconnected the connection in the month of October 1996. PW-8 Daulat Ram deposed regarding paying of Rs. 42,000/- to Om Parkash. He also deposed that he along with accused Om Parkash, Gurcharan Singh and two labourers started for Mohali in a tractor-trolley, which he had taken on rent. SDO Hem Raj was also along with them. The accused got loaded six poles and wires etc. from the store at Mohali in the trolley. He further deposed that officials of PSEB raided his tubewell and disconnected the connection on 05.01.1996. He was asked to pay penalty of Rs. 6000/-and it has been told by the officials of PSEB that the connection which had been given to them was illegal. He also deposed that when he asked Om Parkash to return the money, then Om Parkash told him that some money has been taken by Gurcharan Singh accused and did not return the amount. PW-9 Chhaju Singh deposed that he paid Rs. 40,000/- to accused Om Parkash. He deposed that he along with accused Om Parkash and Gurcharan Singh and some labourers went to Mohali in a tractor-trolley and they got loaded 5 poles and wires from the store PSEB, Mohali. He further deposed regarding raid by higher officials of PSEB and paying of the penalty. PW-10 Gurmeet Singh mainly deposed that in the year 1996, the connection of electricity to the motor of Daulat Ram was given by Gurcharan Singh and Om Parkash and connection passed through his land. Poles were affixed in his land. Afterwards, it revealed that fictitious connections were given by the accused. He further deposed that the electric connections were disconnected by the officers of the PSEB. PW-11 Shashi Kumar, Senior Assistant mainly brought the sanction letter Ex. PE. PW-12 V.D. Aery also deposed regarding sanction letter Ex. PF. PW-13 Karnail Singh, Stock Verifier proved the gate passes, which were issued to Gurcharan Singh accused and he also deposed regarding various gate passes on which the articles were supplied to the accused on the sanction of JE Harjeet Singh. PW-14 ASI Roshan Lal deposed that on 05.10.1996, he along with XEM Hem Raj Garg, Ranbir J.E. and other officials of PSEB, went to village Khanpur on protection duty. The said party checked the connections of bogus consumers and Baldev Singh Sarpanch was joined. Baldev Singh Sarpanch was illegally committing the theft by kundi connection and he was fined at the spot and connection was disconnected. He further deposed that thereafter connections of Chhaju Singh, Daulat Ram and another Baldev Singh were checked and were found bogus as per record. These connections were disconnected. None has raised any objection. PW-15 S.L. Midda, Chief Engineer (retired) deposed that on 04.10.1996, he was posted as Senior Executive Engineer in the office of PSEB at Zirakpur. He along with SDO H.R. Garg and one JE, reached village Khanpur. Baldev Singh Sarpanch was joined in the investigation. 3-4 connections of tubewells were in the working condition whereas poles were fixed for another connection. Those connections were illegal and were running without any sanction. He further deposed that all the material was collected and the defaulting persons were duly penalized in accordance with law. The material was taken in the office of SDO, PSEB Banur. He also deposed that the above connections were released by accused Gurcharan Singh and Om Parkash who were working as JE and Lineman respectively. PW-16 Major Singh, SSP (retired), Investigating Officer, deposed regarding investigation conducted by him in the present case.

At the close of prosecution evidence, the accused-appellants were examined under Section 313 Cr.P.C. and they denied the correctness of the evidence and pleaded themselves as innocent.

No witness was examined in defence.

The learned trial Court, after appreciation of the evidence, convicted and sentenced the accused-appellants, as stated above.

At the time of arguments, learned counsel for the appellants argued that no internal enquiry was conducted. In the sanction Ex. PE, it is only written that only police file etc. has been produced, therefore, he argued that sanction has been given without applying the mind. Learned counsel for the appellants next argued that the witnesses mainly deposed that money has been paid to Om Parkash, so no bribe has been paid to Gurcharan Singh and there is nothing on the record to prove the conspiracy. It is further argued that articles, poles etc. were issued by JE Harjeet Singh but he has not been examined as a witness, which creates doubt in the prosecution version. No record of the department regarding raid and penalty has been produced. SHO Gurmail Singh, who was with the then SP Rajpura, has also not been examined. It is further contended that case property was not produced in the Court. During investigation, no bribe money has been recovered. There is no document regarding payment of the bribe. Learned counsel for the appellants next argued that private witnesses did not made any complaint to the police. Learned counsel for the appellants, therefore, argued that there being merit in both the appeals, the same should be allowed and accused-appellants should be acquitted.

On the other hand, learned State counsel argued that case of the prosecution has been duly proved by the PWs by proving the fact that material was issued from PSEB store at Mohali. The witnesses have deposed that Om Parkash Lineman and Gurcharan Singh, JE went with them to the store. He further argued that it has been duly proved that gate passes have been issued by JE Harjeet Singh at the instance of Gurcharan Singh, JE. He next argued that official witnesses have duly proved the raid by the department wherein the illegal connections were disconnected and consumers were penalized. The consumers themselves have proved this fact and also they have deposed regarding paying of bribe amount, raid by the department and payment of the penalty etc. Learned State counsel, therefore, argued that there being no merit in both the appeals, the same should be dismissed.

I have heard learned counsel for the appellants as well as learned State counsel and have gone through the record minutely and carefully.

From the evidence on the record, I find that prosecution has duly proved its case by leading cogent evidence. The arguments addressed by learned counsel for the appellants have no force. The FIR in the present case has been got registered by sending a letter by Senior XEN to SSP Rajpura referring the complaint made by Surinder Singh regarding unauthorized release of tubewell connections. If the private witnesses have not made any complaint and the FIR has been got registered by Senior XEN, in no way, it creates any doubt in the prosecution version. Similarly, on the basis of complaint made by Surinder Singh private person, raid was conducted by senior officials of PSEB on 05.10.1996 and they found that so many unauthorized and illegal connections were given to Baldev Singh, Daulat Ram, Chhaju Singh etc. and these connections were disconnected and penalty was imposed. These PWs themselves have come to the witness box and deposed regarding payment of bribe money to Om Parkash etc. and they have further deposed regarding bringing of the poles, wires etc. from PSEB store, Mohali in their tractor-trolley. They have also deposed regarding raid conducted by the senior officials of PSEB and imposing of penalty upon them and further regarding payment of the penalty. In no way, it can be held that these facts have not been proved by the prosecution. No material contradictions or material improvements have been pointed out at the time of arguments by learned counsel for the appellants. There is nothing in the cross-examination of these PWs, which may make their statements unreliable. There is also nothing as to why these PWs would depose falsely against the accused-appellants. The conspiracy/connivance has been duly proved from the statements of the PWs. Otherwise also, the PWs have deposed that they along with JE Gurcharan Singh and Lineman Om Parkash, have gone to Mohali and got poles, etc. which were used for having connections. The officials of PSEB including Senior XEN, as discussed above, have come to the witness box and deposed regarding removing of illegal connections and imposing of penalty. Further, the issuance of gate passes regarding the delivery of poles, has also been duly proved by bringing record. The sanction has been duly accorded after applying the mind. The police file was produced. There was no need for internal departmental enquiry before giving the sanction. The FIR was got registered by Senior XEN after he found illegal connections which were disconnected.

The mere fact that JE Harjeet Singh has not been cited as a witness, also does not create any doubt in the prosecution version. Further, I find that if the case property i.e. poles, etc. were not produced in the Court, it also cannot be held as fatal to the prosecution case. The case property is only a corroborative piece of evidence. Therefore, non-production of case property in the Court, does not create any doubt. Similarly, the mere fact that bribe money has not been recovered from the accused or there is no documentary evidence regarding payment of bribe money, also does not create any doubt in the prosecution version. Non-examination of SHO Gurmail Singh also does not create any doubt in the prosecution version.

The perusal of the evidence on record shows that the prosecution has duly proved its case by leading cogent evidence. There is nothing on the record to show that accused have been falsely implicated in the present case. Otherwise also, nothing has been shown as to why these so many witnesses including private witnesses are deposing falsely against the accused-appellants.

In view of the above discussion, I find that prosecution has duly proved its case by leading cogent evidence beyond reasonable doubt against the appellants. The judgment of conviction and order of sentence dated 21.03.2005 passed by learned Special Judge, Patiala are correct, as per law and the same are upheld.

Therefore, finding no merit in both the appeals, the same are dismissed.

Since, appellants Gurcharan Singh and Om Parkash are on bail, their bail bonds stand annulled. They are directed to surrender themselves before the jail authorities immediately for completing remainder of sentence, failing which the concerned authority shall proceed against them in accordance with law.