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2014 Supreme(SC) 174

B.S.CHAUHAN, J.CHELAMESWAR
Phula Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Judgment :-

Dr. B.S. Chauhan, J. –

l. This appeal has been preferred against the impugned judgment and order dated 24.8.2011/7.9.2011, passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.358 of 2009 reversing the judgment and order dated 19.2.2009, passed by Ld. Special Judge, Hamirpur in Corruption Case No.1 of 2008 acquitting the appellant from the Charges under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the Act’). The High Court has awarded the appellant sentence of one year RI and a fine of Rs.10,000/- and in default of payment of fine to undergo further RI for a period of six months.

2. Facts and circumstances giving rise to this appeal are:

A. That on 20.6.2007, the appellant was working as Kanungo of the particular area and one Vakil Chand filed a complaint against the father of the complainant that he encroached upon the land thus, asked for demarcation. The appellant investigated the matter and found that one and half kanals of the land of Vikil Chand had been encroached upon by the complainant’s father.

B. The complainant raised the objection about this demarcation and at that time the appellant met the
















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