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1975 Supreme(SC) 507

N.L.UNTWALIA, P.K.GOSWAMI, P.N.BHAGWATI
Bhagwan Singh – Appellant
Versus
State Of Haryana – Respondent


Advocates:
D.MUKHERJI, H.S.MARVAH, R.L.Kohli, R.N.SACH

JUDGMENT

GOSWAMI, J.:— This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana affirming the conviction of the appellant under Section 165-A, Indian Penal Code.

2. The facts briefly are that the appellant, Bhagwan Singh, is a C.I.D. police constable and would be naturally familiar with Head Constable, Jagat Singh (P.W.1). Jagat Singh had detected a case under Section 411, I.P.C. on April 25, 1968. In that case one Rameshwar Das of Ambala City was arrested by Jagat Singh at Murthal Bus Stand after searching his person and recovering from him 20 gold coins and 47 gold bangles weighing 101 tolas. Rameshwar Dass was produced in Court on April 27, 1968 and was remanded to judicial custody till April 29. In order to help Rameshwar Dass, Om Parkash and Sulekh Chand, who were co-accused with the appellant (since acquitted), apparently took the help of the appellant to approach Jagat Singh to save Reameshwar Dass from the criminal case. The appellant suggested to Jagat Singh to substitute the seized gold coins by 20 other gold coins which he would be supplied with and if he would do that he would be paid Rs. 1,000/- for this help in the criminal









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