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2011 Supreme(Chh) 354

RADHE SHYAM SHARMA
MOTILAL BANAWALA – Appellant
Versus
STATE OF M. P. – Respondent


Advocates appeared:
Shri Rajeev Shrivastava, Advocate, for the Appellant.
Shri Ravindra Agrawal, Panel Lawyer, for the State/respondent.

JUDGMENT

1. The instant appeal preferred by accused/appellant Motilal Banawala is directed against judgment dated 7-6-1994 passed by Second Additional Sessions Judge, Bilaspur in Special Sessions Case No.2/88, whereby the appellant has been convicted under Section 161 of the Indian Penal Code and under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (henceforth 'the Act, 1947') and sentenced to undergo rigorous imprisonment for one year, rigorous imprisonment for one year, respectively and to pay fine of Rs.1,000/-, in default, to undergo simple imprisonment for one month. Both the sentences of imprisonment are directed to run concurrently.

2. Case of the prosecution, in brief, is as under:

Complainant Pramod Kale (PW-8) is younger brother of Prakash Kale (PW-6). On 19-3-1986, the appellant was posted as Labour Sub-Inspector at Bilaspur. On 18-3-1986, the appellant entered the motor-parts shop of Prakash Kale (PW-6). At that time, Pramod Kale (PW-8) was sitting in the said shop of his elder brother Prakash Kale (PW-6). The appellant asked the complainant to show registration certificate of establishment of the shop. Pramod Kale (PW8) told the appellant




























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