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2009 Supreme(HP) 589

SURINDER SINGH
Ram Nath – Appellant
Versus
State of H. P. – Respondent


Advocates appeared:
For the Appellant:Mr. M.S. Chandel, Sr. Advocate with Mr. Rakesh Jaswal, Advocate.
For the Respondent:Mr. J.S. Guleria, Assistant Advocate General with Mr. Vikas Rathore, Deputy Advocate General.

JUDGMENT

Surinder Singh, J.

In criminal case No. 1-S/7 of 2000, the appellant was alleged to have contravened the provisions of Section 13 (1) (a) of the Prevention of Corruption Act, 1988 for short “the Act”, thus he was charged-sheeted and convicted for the offence punishable under Section 13 (2) of the Act for allegedly taking illegal gratification of Rs. 500/- from complainant Naresh Kalia (PW-1) as such sentenced to undergo the rigours imprisonment for a period of one ear and also to pay fine of Rs. 2000/-; In default of payment of fine, to further undergo rigours imprisonment of two months, which has been challenged in this appeal.

2. The background of the facts giving rise to the present appeal can be summed up thus. The appellant was posted as the Office Kanungo in Sub Tehsil Ram Shehar in Nalagarh Sub Division. In addition to it, he was deputed to function as the Field Kanungo of Circle No. II. Smt. Santo Devi, father’s sister of the complainant (PW-1) had died about 5 years back, therefore, her estate was to devolve upon Ram Swaroop, father of the complainant Naresh Kalia PW-5 and other legal heirs. The complainant Naresh Kalia is alleged to have handed over the death cert
























































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