Mukul Mudgal, J.

1. The trial court had rendered the impugned judgment dated 13th December, 2006 by which the accused SHO, R.P. Tyagi along with SI Tej Singh and Inspector K.P. Singh were convicted. The appellant in the present appeal SI Tej Singh was sentenced to three years rigorous imprisonment and to pay a fine of Rs. 25,000/-for his conviction for an offence punishable under Section 218 IPC and in default of payment of fine the appellant was directed to undergo three months simple imprisonment. In addition to it, the appellant was further sentenced to three years rigorous imprisonment and to pay a fine of Rs. 10,000/- for offence punishable under Section 201 IPC and in default of payment of fine he was further directed to undergo three months simple imprisonment and sentences awarded to the said convict were ordered to run concurrently with a benefit of Section 428 Cr.P.C.

2. The brief facts of the case as per the prosecution sans unnecessary details are as follows:

a) On 16th August 1987, it was the festival of Janmasthmi, constable Rishi Pal posted at police station Vivek Vihar was deputed at Police post Chota Bazar, Shahdara Delhi.

b) At about 9.20 pm some one told