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2009 Supreme(SC) 1147

MUKUNDAKAM SHARMA, B.S.CHAUHAN
Mota Ram – Appellant
Versus
State Of Haryana – Respondent


Appearing Advocates:
For the Appellants:Rajesh Sharma, Ms. Shalu Sharma, AdvocatesFor the Respondent: ---

Judgment :

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the judgment and order of the High Court of Punjab and Haryana at Chandigarh dated 31.3.2000 by which it dismissed the Criminal Appeal No.115-SB of 1989 against the judgment and order of the Special Judge, Sirsa dated 9.2.1989 and 13.2.1989 convicting the appellant under Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the Act") and under Section 165 of the Indian Penal Code (hereinafter referred to as "IPC") and sentencing him to undergo rigorous imprisonment for a period of one year and a fine of Rs.500/-or in default to further undergo imprisonment for a period of two months under Section 5(2) of the Act and to undergo rigorous imprisonment for a period of one year under Section 165 IPC. However, it was directed that both the sentences shall run concurrently.

2. The facts and circumstances giving rise to this appeal are that the appellant was employed as Ward Servant in Primary Health Center, Jutawali and he used to visit Village Nohgarh where he came in contact with one Om Parkash, complainant PW.4 who had got himself registered in the Employment Exchange in 1982 and had














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