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1997 Supreme(P&H) 209

A.S.NEHRA
Hari Kishan – Appellant
Versus
State Of Haryana – Respondent


Judgment

A.S.Nehra, J.

1. This appeal is directed against the judgment and order dated 8.5.1987/13.5.1987 passed by the Special Judge, Jind, by which Hari Kishan, appellant has been convicted under Section 5(1)(d) of the Prevention of Corruption Act read with Sections 161 and 165 IPC. He was sentenced to undergo R.I. for one year and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo further R.I. for 3 months under Section 161 IPC and R.I. for one year each under Section 165 IPC and Section 5(1)(d) of the Prevention of Corruption Act. The substantive sentences awarded to the appellant, however, were ordered to run concurrently.

2. Briefly stated, the prosecution case is that one Birja Nand of village Amarheri died in 1983 leaving behind his widow Lachhmi Devi, three daughters and six sons including Hukam Singh and Daya Singh, PW-5. On 19.6.1986, Hukam Singh alongwith Hari Chand Lambardar came and lodged a report, Ex. PD, in the roznamcha of the Patwari with regard to the death of Birja Nand and for entering mutation of his estate. The Patwari entered mutation No. 618 on the basis of the said report on 19.6.1986, and it was verified by the Field Kanungo on 25.9















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