Punjab-Haryana High Court
Jagdip Singh Galwatti vs The State Of Punjab on 14 September, 2009
Author: K.C.Puri
Bench: K.C.Puri
Criminal Appeal No.179 SB of 2002 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
Criminal Appeal No.179 SB of 2002
Decided on .9. 2009.
Jagdip Singh Galwatti
.............. Appellant.
versus
The State of Punjab
.............. Respondent.
Criminal Appeal No.205 SB of 2002 Sohan Lal and others .............. Appellants.
versus The State of Punjab .............. Respondent.
Criminal Appeal No.228 SB of 2002 Charanjit Singh and others .............. Appellant.
versus The State of Punjab .............. Respondent.
Criminal Appeal No.245 SB of 2002 Amarjit Singh .............. Appellant.
versus The State of Punjab Criminal Appeal No.179 SB of 2002 2 ........... Respondent.
CORAM : HON'BLE MR.JUSTICE K.C.PURI.
Present : Mr. Bipan Ghai, Senior Advocate with Mr. Deepak Garg, Advocate for the appellants in criminal Appeals No.179-SB-2002 and 205 SB of 2002.
Mr. H.S.Gill, Senior Advocate with Mr. Vivek Goyal, Advocate for the appellants in criminal Appeal No.228-SB-2002.
Mr. DV Sharma, Senior Advocate with Mr. Harit Sharma, Advocate for the appellant in criminal Appeal No.245-SB-2002.
Mr.K.S.Pannu, Deputy Advocate General, Punjab in all cases. K.C.PURI.,J By this common order, I intend to dispose of Criminal Appeal No.179-SB of 2002 titled as Jagdish Singh Galwatti vs. The State of Punjab, Criminal Appeal No.205-SB of 2002 Sohan Lal and others vs. The State of Punjab, Criminal Appeal No.228-SB of 2002 Charanjit Singh and others vs. The State of Punjab and Criminal Appeal No.245-SB of 2002 Amarjit Singh Sandhu vs. The State of Punjab, as all these four appeals arise from the same judgment. For convenience, facts are being taken from Criminal Appeal No.179-SB of 2002.
These are the four appeals filed by appellants against the judgment and order dated 28.1.2002 passed by Shri Gurnam Singh, Special Judge, Faridkot have been convicted under Sections 409/109, 420, 109, 467/109, 471/109, 474/109, 477A/109 and 120-B of the Indian Penal Code (hereinafter mentioned as - the IPC) and under Sections 13(i)(d)and 7 of the Prevention of Corruption Act ( hereinafter mentioned as - the PC Act) and sentenced them to undergo rigorous imprisonment as under :- Criminal Appeal No.179 SB of 2002 3
Under Section Rigorous Imprisonment Fine Indefault Convict : Jagdip Chand U/s 120-B IPC RI for 5 years Rs.5000/- 2 years U/s 13(i)(d) PC Act RI for 5 years Rs.5000/- 2 years U/s 7 PC Act RI for 5 years Rs.5000/- 2 years U/s 409/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 420/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 467/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 471/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 474/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 477A/109 IPC RI for 3 years Rs.1000/- 6 months.
Convict : Amarjit Singh U/s 120-B IPC RI for 3 years Rs.1000/- 6 months U/s 13(i)(d) PC Act RI for 3 years Rs.1000/- 6 months U/s 7 PC Act RI for 3 years Rs.1000/- 6 months U/s 409/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 420/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 467/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 471/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 474/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 477A/109 IPC RI for 3 years Rs.1000/- 6 months. Convict : Sohan Lal U/s 120-B IPC RI for 3 years Rs.1000/- 6 months. U/s 13(i)(d) PC Act RI for 3 years Rs.1000/- 6 months. U/s 7 PC Act RI for 3 years Rs.1000/- 6 months. U/s 409/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 420/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 467/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 471/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 474/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 477A/109 IPC RI for 3 years Rs.1000/- 6 months. Convict : Teja Singh U/s 120-B IPC RI for 3 years Rs.1000/- 6 months. U/s 13(i)(d) PC Act RI for 3 years Rs.1000/- 6 months. U/s 7 PC Act RI for 3 years Rs.1000/- 6 months. U/s 409/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 420/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 467/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 471/109 IPC RI for 3 years Rs.1000/- 6 months. Criminal Appeal No.179 SB of 2002 4 U/s 474/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 477A/109 IPC RI for 3 years Rs.1000/- 6 months. Convict : Balkar Singh U/s 120-B IPC RI for 3 years Rs.1000/- 6 months.
U/s 13(i)(d) PC Act RI for 3 years Rs.1000/- 6 months.
U/s 7 PC Act RI for 3 years Rs.1000/- 6 months. U/s 409/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 420/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 467/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 471/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 474/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 477A/109 IPC RI for 3 years Rs.1000/- 6 months. Convict : Jarnail Singh U/s 120-B IPC RI for 3 years Rs.1000/- 6 months.
U/s 13(i)(d) PC Act RI for 3 years Rs.1000/- 6 months.
U/s 7 PC Act RI for 3 years Rs.1000/- 6 months. U/s 409/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 420/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 467/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 471/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 474/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 477A/109 IPC RI for 3 years Rs.1000/- 6 months. Convict : Salwant Singh U/s 120-B IPC RI for 3 years Rs.1000/- 6 months.
U/s 13(i)(d) PC Act RI for 3 years Rs.1000/- 6 months.
U/s 7 PC Act RI for 3 years Rs.1000/- 6 months. U/s 409/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 420/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 467/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 471/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 474/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 477A/109 IPC RI for 3 years Rs.1000/- 6 months. Convict : Charanjit Singh U/s 120-B IPC RI for 3 years Rs.1000/- 6 months.
U/s 13(i)(d) PC Act RI for 3 years Rs.1000/- 6 months.
U/s 7 PC Act RI for 3 years Rs.1000/- 6 months. U/s 409/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 420/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 467/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 471/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 474/109 IPC RI for 3 years Rs.1000/- 6 months. Criminal Appeal No.179 SB of 2002 5 U/s 477A/109 IPC RI for 3 years Rs.1000/- 6 months. Convict : Iqbal Singh U/s 120-B IPC RI for 3 years Rs.1000/- 6 months. U/s 13(i)(d) PC Act RI for 3 years Rs.1000/- 6 months. U/s 7 PC Act RI for 3 years Rs.1000/- 6 months. U/s 409/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 420/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 467/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 471/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 474/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 477A/109 IPC RI for 3 years Rs.1000/- 6 months. Convict : Sham Lal U/s 120-B IPC RI for 3 years Rs.1000/- 6 months. U/s 13(i)(d) PC Act RI for 3 years Rs.1000/- 6 months. U/s 7 PC Act RI for 3 years Rs.1000/- 6 months. U/s 409/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 420/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 467/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 471/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 474/109 IPC RI for 3 years Rs.1000/- 6 months. U/s 477A/109 IPC RI for 3 years Rs.1000/- 6 months.
All the substantive sentences were ordered to run concurrently.
The brief facts of the case are that Malkiat Singh Driver No. 139 of Punjab Roadways Depot, Muktsar, submitted an affidavit dated 4.5.1996 before the Deputy Commissioner, Muktsar, wherein he has sworn that Jagdeep Singh Galwatti, General Manager, Punjab Roadways Muktsar, in connivance with the conductor and others has been selling the used tickets and has got printed his own tickets, which he sold through his own persons who used to collect money for him and thereby he caused loss to the tune of crores of rupees to the Depot.
The Deputy Commissioner, addressed a letter to the Senior Superintendent of Police, Muktsar, on the basis of which formal FIR was recorded by Dilbag Singh Inspector, carbon copy of which is Ex.PW23/A. Criminal Appeal No.179 SB of 2002 6 Statement of Naib Singh son of Dial Singh was recorded on 19.8.1996 and he stated that he was sitting in the first week of May, 1996 in the Hotel and was taking tea. Balkar Singh, Jarnail Singh, Salwant Singh, Charanjit Singh, Iqbal Singh, Sham Sunder and Jugraj Singh conductors were also sitting in the Hotel and they were conspiring that they would continue to sell used tickets in connivance with General Manager, Punjab Roadways Depot, Muktsar. He has further stated that all the seven conductors agreed to pay Rs.5000/- each to Jagdip Singh, General Manager, Amarjit Singh, Traffic Manager, Rs.1000/- to Iqbal Singh, Assistant Mechanical Manager, Rs.5000/- to Inspectors and Rs.1000/- each to Gurcharan Singh Sethi and Amrik Singh, who were posted at Divisional Office, Punjab Roadways, Ferozepur.
Shri D.P. Reddy, Deputy Commissioner, Muktsar, wrote letter to Shri A.K. Dubey, IAS, Secretary, Transport Department, Punjab, Chandigarh stating therein that Malkiat Singh, Driver, Punjab Roadways Muktsar has submitted an affidavit that there is scandal at a large scale in Punjab Roadways Muktsar depot and he put on duty District Transport Officer, Muktsar, Sub Divisional Officer, (Civil), Muktsar and General Assistant to Deputy Commissioner to make surprise checking and then to submit their report. On 11.5.1996 they made checking of conductors of buses on the routes of Delhi-Muktsar and Sirsa-Muktsar. They took into possession old tickets and tickets on which rate was increased by affixing stamps on the same. The diaries and way bills of drivers vide which the amount collected wrongly was distributed and the cash was taken into possession by the officers of the enquiry committee and the statements of Criminal Appeal No.179 SB of 2002 7 the conductors were also recorded. Some buses were given on contract basis by the General Manager, and statements of the conductors of the said buses were also recorded. Statements of General Manager, Traffic Manager, Assistant Mechanical Engineer were also recorded. The documents taken from the conductors tallied with the documents of the office of the General Manager, Punjab Roadways, Muktsar and from the same it was found that with the connivance of the General Manager, a big scandal has been committed and the Government has been put to loss to lakhs of rupees; by the Inspector of Muktsar Depot, Inspectors of other Depots. Incharge of the flying squad of the Divisions and Inspectors Flying squad in-charge of the Directorate and Inspectors were also connived in this behalf. The detailed enquiry report alongwith the statements and other documents show that General Manager, Muktsar, other officers, Inspector and conductors are involved in this act and he sent the relevant documents to him. He has also written that he is fully satisfied with the Enquiry report and he recommended for suspending General Manager, Jagdip Singh Galwatti, Traffic Manager Amarjit Singh Sandhu, Assistant Mechanical Engineer, Iqbal Singh Sandhu and other concerned Inspectors and conductors, the Deputy District Attorney (Legal) perused the whole report and documents and found that large scale misappropriation and irregularities have been committed by Punjab Roadways, Muktsar depot and gave his opinion that a prima facie case is made out for registering a case under Sections 409, 419, 420, 465, 468, 467, 471, 474, 477-A and 120-B of the IPC and under Sections 13(2) read with Section 7 of the Prevention of Corruption Act, 1988 and thereafter the case was registered. After completion of necessary Criminal Appeal No.179 SB of 2002 8 investigation, challan against the accused was presented.
Finding a prima facie case, charge under Sections 409, 420, 467, 471, 474, 477A read with section 109 and 120-B of the IPC and under Sections 13(i)(d)and 7 of the PC Act were framed against the appellants, to which the appellants pleaded not guilty and claimed trial.
The prosecution in order to prove its case examined Naib Singh PW-1, Rajwinder Kaur PW-2, Rajinder Singh PW-3, Gurbachan Singh PW- 4, Balbir Singh PW-5, Darshan Singh PW-6, Mehar Singh PW-7, Charanjit Singh PW-8, Purshotam Lall PW-9, Harjit Singh PW-10, Manphool Ram PW-12, Babu Ram Amla PW-13, Harnek Singh PW-14, Tarlochan Singh PW-15, Gian Singh PW-16, Jaspal Singh PW-17, Arjan Singh PW-18, Malkiat Singh PW-19, Darshan Singh Sandhu PW-20, M.S. Sandhu PW- 21, Amarjit Singh SDM PW-22, Baljit Singh Buttar, DSP PW-23 and thereafter the prosecution closed its evidence.
All the incriminating circumstances appearing in the prosecution evidence were put to the accused in their statements recorded under Section 313 Cr.P.C. The accused denied all the allegations appearing in the prosecution evidence and pleaded their innocence. Accused Gurcharan Singh and Amrik Singh further pleaded that at the relevant time they were not posted at the Muktsar Depot and they were posted at Divisional Office, Punjab Roadways, Ferozepur and they have no concern with the distribution of the tickets to the conductors posted at Muktsar Depot and they never demanded any money from any of the conductor posted at Muktsar Depot.
Criminal Appeal No.179 SB of 2002 9
Learned counsel for the appellants have submitted that there were fifteen accused in all before the learned trial Court. Jugraj Singh accused died before the trial Court and proceedings against him stood abated. Gurcharan Singh, Chief Inspector, Kharati Lal, Chief Inspector, Amrik Singh Assistant Manager and Iqbal Singh Assistant Mechanical Engineer have been acquitted by the trial Court and remaining ten accused have been convicted and sentenced, as narrated above.
It is further contended that so far as Sohan Lal appellant is concerned he also died during the pendency of the appeal. However, his legal representatives sought permission to pursue the appeal and that permission has been allowed. So, the appeals qua all the ten appellants is for consideration before this Court.
Learned counsel for the appellants have submitted that in criminal case the onus to prove the case is always upon the prosecution and the same cannot be shifted upon the accused. It is admitted case of the parties that Jagdip Singh Galwatti, was the General Manager, Sohan Lal, Teja Singh and Amarjit Singh Sandhu were the traffic Managers, whereas Sohan Lal now (deceased) and Teja Singh appellants were the Inspectors of Punjab Roadways. Balkar Singh, Jarnail Singh, Salwant Singh, Charanjit Singh, Iqbal Singh and Sham Sunder were stated to be the conductors of the Punjab Roadways.
So far as accused Jagdip Singh Galwatti, Amarjit Singh Sandhu, Sohan Lal and Teja Singh are concerned, they never dealt with the tickets. The learned trial Court has convicted them only on the ground that there is a lack of supervision on their behalf. It is contended that lack of Criminal Appeal No.179 SB of 2002 10 supervision is not sufficient to constitute the criminal offence and for that purpose only departmental proceedings can be initiated. To constitute an offence menseria is essential, which is missing in the present case. There is no evidence against all the appellants except Balkar Singh, Jarnail Singh and Salwant Singh, who happened to be the conductors. According to the prosecution, these three appellants were having the used tickets and on some of the tickets of the denomination of Rs.1.00, Rs.20.00 had been mentioned by putting the stamp. The offence against these three accused is also not proved as it is not proved that they have used tickets (khadar tickets) again. It is contended that to prove the factum of conspiracy of the officers, the prosecution has relied upon testimony of PW-1 Naib Singh, PW-2 Rajwinder Kaur, PW-3 Rajinder Singh, PW-4 Gurbachan Singh, PW-5 Balbir Singh, PW-6 Darshan Singh, PW-7 Mehar Singh, driver. All these seven witnesses named above have not supported the case of the prosecution. These witnesses were got declared hostile but have not supported the case of the prosecution regarding conspiracy of appellant Jagdip Singh Galwatti, Amarjit Singh, Sohan Lal and Teja Singh. PW-8 Charanjit Singh has simply stated that he has brought the original way bill and docket regarding Buses No.9917, 8302 and 9822 and he along with Tarlochan Singh, Chief Inspector had compared the tickets with the way bills and found that Jarnail Singh was having khadar tickets Ex.P-4 to P563. He has further stated that 154 tickets Ex.P-593 to P-746 in respect of Salwant Singh conductor does not tally with the way bill. He has further stated that tickets Ex.P827 to 957 total 132 were the fake tickets (khadar tickets) with Balkar Singh conductor and another 82 tickets bearing Criminal Appeal No.179 SB of 2002 11 Exs.P998 to 1040 belonging to Balkar Singh conductor but not tallied with the way bill. However, it is submitted that the testimony of this witness is only against Balkar Singh, Jarnail Singh and Salwant Singh appellants. However, in the cross-examination this witness has stated that no number of the tickets issued to the conductors by the Head Office were supplied to them for comparison. So, the testimony of this witness also cannot be read against these three appellants Balkar Singh, Jarnail Singh and Salwant Singh.
Purchotam Lall (PW-9) has simply stated about the checking of the above said three buses in which Balkar Singh, Jarnail Singh and Salwant Singh were stated to be the conductors.
Manphool Ram (PW-12) and Babu Ram Amal (PW-13) have simply proved the appointment and posting of the appellants.
Harnek Singh (PW-14) has simply stated that he was working as Works Manager and police took into possession record of three buses mentioned above.
Tarlochan Singh (PW-15) Chief Inspector, Darshan Singh Sandhu (PW-20), M.S.Sandhu (PW-21) and Amarjit Singh SDM (PW-22) have stated about checking of above noted three buses and the discrepancies in the tickets as detailed. So, all these witnesses have not stated against the other accused.
Gian Singh (PW-16) Senior Assistant has simply stated about the sanction against the appellants.
Jaspal Singh (PW-17) Junior Assistant stated about the reports Exs.PW-7/A, PW-7/B and PW-7/C. Criminal Appeal No.179 SB of 2002 12 Arjun Singh (PW-18) has only produced route receipts of above said three buses.
The testimony of PW-19 Malkiat Singh, who is the complainant in the present case, does not advance the case of the prosecution as he had filed a complaint against the officer and he was also facing disciplinary proceedings. This witness had admitted that his five annual increments were stopped in his eight years service and prior to the filing of affidavit in question he was suspended by Jagdip Singh Gulwati for his disobedience of the orders of Traffic Manager. He has also admitted the fact that he was challaned as he was found in possession of illicit liquor while driving bus No.PJG 3458. Otherwise, his evidence does not advance the case of the prosecution. So, it is contended that no case is made out against all the accused and they deserve acceptance of appeals and their acquittal.
Learned State counsel has supported the judgment of the trial Court. It is submitted that charges against the appellants are grave in nature and they stand proved on the file. Huge fake tickets/used tickets (khadar tickets) were found in possession of appellants Balkar Singh, Jarnail Singh and Salwant Singh. The raid was conducted under the orders of Deputy Commissioner consisting of three Officers of the cadre of Punjab Civil Services. So, it is further contended that so far as accused Jagdip Singh Galwatti, Sohan Lal, Teja Singh, Inspector and Amarjit Singh Sandhu, Traffic Manager are concerned, they have been rightly convicted by the trial Court under the various provisions of Indian Penal Code as they have failed to make the over all supervision. It is contended that without the Criminal Appeal No.179 SB of 2002 13 active connivance of these officials such a fraud cannot be there in respect of use of fake tickets. The department has been cheated for huge amount. So, no ground for interference in the judgment of the trial Court is made out.
I have considered the submissions made by both the sides and have gone through the records of the case.
The basic law of criminal justice is that the prosecution has to prove the guilt of the accused beyond reasonable doubt unless there is some presumption under the law for the offence as provided under Section 113-A and 113-B of the Indian Evidence Act etc. Since, this is first appeal and as such all the evidence on the file required to be reprised.
The prosecution in this case examined twenty three witnesses to prove its case.
Naib Singh (PW-1), Rajwinder Kaur (PW-2), Rajinder Singh (PW-3), Gurbachan Singh (PW-4), Balbir Singh (PW-5), driver of Punjab Roadways, Darshan Singh (PW-6) driver of Punjab Roadways, Mehar Singh (PW-7), driver of Punjab Roadways. All these witnesses have not supported the case of the prosecution. These witnesses were probably for the purpose of proving the conspiracy of Jagdip Singh Galwatti, General Manager, Amrik Singh, Traffic Manager, Sohan Lal (deceased), Teja Singh Inspector Punjab Roadways along with conductors in allowing them to use fake/used/khadar tickets for payment of monthly amount to them. These witnesses have not supported the case of the prosecution and were declared hostile and public prosecutor cross-examined all these witnesses but nothing could be brought on the file to prove the complicity on behalf of the Criminal Appeal No.179 SB of 2002 14 above said four accused for the offence for which they have been charged.
Charanjit Singh (PW-8) Station Supervisor has stated about the complicity of Balkar Singh, Jarnail Singh Salwant Singh regarding use of fake/used/khadi tickets found to be in possession of Balkar Singh, Jarnail Singh and Salwant Singh. He has contended that the way bills do not tally with the tickets found in possession of these three conductors. 560 fake tickets were found in possession of Jarnail Singh accused and 154 were found in possession of Salwant Singh accused and 212 fake//khadi/used tickets were found in possession of Balkar Singh accused. These tickets were not issued to these conductors which were found in their possession. It has also been pointed out during the course of arguments that on some of the tickets stamp has been put of a higher value.
Purchotam Lall (PW-9) has also deposed about the way bills and advance booking dockets in respect of Bus No.PB-12-9822, Bus No.PB-12-9917, Bus No.PB-12-8302 in respect of the period from 10.5.1996 to 12.5.1996. His testimony is also in respect of checking of above said three buses and he stated about the complicity of appellants Balkar Singh, Jarnail Singh and Salwant Singh and Jugraj Singh (deceased).
The evidence of Harjit Singh (PW-10), Manphool Ram (PW-
12), Babu Ram Amla (PW-13) and Gian Singh (PW-16), is of a formal nature as they have simply proved the sanction letters and appointment letters of the accused.
There is no PW-11 in this case as Purshotam Lall (PW-9) was examined on 3.3.1998 and thereafter further examined on 4.7.1998 and PW- 11 was given in respect of the statement recorded on later date but was later Criminal Appeal No.179 SB of 2002 15 on corrected as PW-9.
Harnek Singh (PW-14) has simply stated about the taking into possession records of all three buses mentioned above.
Tarlochan Singh (PW-15) has stated that he along with Charanjit Singh Traffic Manager was deputed to check the vouchers, way bills and tickets in respect of Bus Nos.9822, 8302 and 9077 and after checking he submitted his report Ex.PW-8/A vide which above said four accused i.e. Balkar Singh, Jarnail Singh and Salwant Singh and Jugraj Singh (deceased) were indicated.
Jaspal Singh (PW-17) has simply stated that report Ex.PW- 17/A was sent. He has also proved the letter Ex.PW-17/B and PW-17.C. Arjan Singh (PW-18) has simply stated that after the raid in question the income of the depot has been increased considerably.
Malkiat Singh PW-19 driver-complainant has deposed that he has complained against all the accused.
Darshan Singh Sandhu (PW-20), M.S. Sandhu PW-21 and Amarjit Singh SDM PW-22 were the officers deputed by the Deputy Commissioner to conduct raid and these witnesses have deposed about the report given by them after checking the records of above said three buses.
Baljit Singh Buttar, DSP (PW-23) is the Deputy Superintendent of Police, Vigilance, who conducted the investigation and has deposed that he recorded formal FIR Ex.PW23/A on receipt of affidavit of Malkiat Singh and letter of Deputy Commissioner, Muktsar Ex.PW7/D and has stated about the report Ex.PW-20/A. This is all the evidence produced by the prosecution.
Criminal Appeal No.179 SB of 2002 16
So far as appellants Jarnail Singh, Salwant Singh and Balkar Singh are concerned, there is foolproof evidence against them. The recovery of huge quantity of tickets/fake/khadar tickets and recovery of excess amount from them and also tickets containing stamp of Rs.20/- on a ticket of Rs.1/- prove the guilt of these three accused beyond reasonable doubt. They have been using the fake/used/khadar tickets for themselves, as such the learned trial Court has rightly convicted all these three accused.
So far as the other accused are concerned, I am of the considered view that prosecution has failed to prove their guilt beyond reasonable doubt. From none of the other conductors namely Charanjit Singh, Iqbal Singh and Sham Lal any fake ticket was recovered. The trial Court seems to have been swayed away with the report Ex.PW-20/A wherein it is mentioned that these three accused have admitted their guilt before them and the factum of payment of monthly amount to Jagdip Singh Galwati, Teja Singh and Amarjit Singh appellants. The confession of an accused has to be proved by the prosecution. Although in the report it is mentioned that they have made statement before them admitting their guilt but such statement has not been proved by the prosecution for reasons best known to them. Inquiry report is not a piece of evidence. The allegation against Jagdip Singh, Sohan Lal, Amarjit Singh and Teja Singh is that they being officers of the Punjab Roadways, were getting monthly amount from the conductors for allowing them to use khadar/fake/used tickets. The three Punjab Civil Service officers' examined by the prosecution namely D.S.Sandhu, Shri M.S.Sandhu and Shri Amarjit Singh have simply stated that they have checked the three buses as per orders of the Deputy Criminal Appeal No.179 SB of 2002 17 Commissioner and found the khadar tickets. They have not stated that what statement was made by other conductors before them. They might have recorded the statement of the accused but that statement has not been proved by any of these three witnesses. There is no other evidence on the file proving the complicity of Charanjit Singh, Iqbal Singh and Sham Singh along with Amarjit Singh, Jagdip Singh, Sohan Lal and Teja Singh. So, I have no hesitation in holding that prosecution has failed to prove guilt of Jagdip Singh Galwatti, Amarjit Singh Traffic Manager, Sohan Lal (deceased) Inspector, Teja Singh Inspector, Charanjit Singh, Iqbal Singh and Sham Lal conductors of the Punjab Roadways.
Consequently, they stand acquitted by giving them benefit of doubt.
The fine amount deposited by them be refunded to them after the period of appeal/revision, if any, by the State.
So far as accused Jarnail Singh, Salwant Singh and Balkar Singh is concerned, their appeal is without any merit and the same has been dismissed. In view of the gravity of the offence, they even do not deserve the reduction in sentence.
In the above terms, all the above mentioned appeals stand disposed of accordingly.
A copy of this judgment be sent to the trial Court for strict compliance.
( K.C.PURI )
JUDGE
September 14 , 2009
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