1981 Supreme(Raj) 462
K.BHATNAGAR
Prem Swaroop – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. - Appellant Prem Swaroop was tried by the learned Special Judge for ACD cases, Rajasthan, Jaipur for the offences under section 161 Indian Penal Code and 5 (1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter to be referred as the Act). The learned trial Judge by the judgment dated July 21, 1975 convicted the appellant for these offences and sentenced him to six months rigorous imprisonment and a fine of Rs. 300/- in default to undergo one months rigorous imprisonment for the first count and one years rigours imprisonment and a fine of Rs. 500/- in default of payment of fine to undergo rigorous imprisonment for two months for the second count with an order that the substantive sentences awarded on both the counts shall run concurrently.
2. Succinctly narrated the facts of the case giving rise to this appeal are as under:-One Amarjeet Singh, brother-in-law of Shivraj Singh (PW. 1) was in judicial look-up at Sub-Jail Karanpur as an under trial prisoner. Shivraj Singh used to go there for an interview with Amarjeet Singh Appellant Prem Swaroop was posted as Head Warder there. On December 21, 1973 and January 4, 1974 Shivraj Singh had 1o give
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