OM PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant along with one Umrao Singh was convicted for commission of an offence purported to be under Section 12 of the Prevention of Corruption Act (for short "the Act") and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 3000/- each. On an appeal preferred thereagainst the High Court, however, reduced the sentence to six months as against the Appellant and the sentence awarded to Umrao Singh was reduced to the period already undergone.

(3.) The fact of the matter is as under : One Ganeshi Lal, Inspector (PW-2) was investigating the case under Section 302/201 of the Indian Penal Code arising out of the First Information Report No. 45 dated 19-2-1992 wherein one Kallu Ram resident of Village Rampura was murdered. Allegedly, Umrao Singh and his family members were suspected to be involved in the said case. The prosecution case is that on 28-5-1992 when Ganeshi Lal, Inspector was present at about 7 a.m. at his residence, the Appellant and the said Umrao Singh came to his house and offered him a sum of Rs. 10,000/- with a request that he should help them in connection therewith. Ganeshi Lal allegedly refused to accept the money stating that he was not in a position to help them but on their insistence he accepted the same in presence of Head Constables Mahabir (PW-3) and Abdul Subhan Khan (not examined). He allegedly sealed the same in a parcel and prepared a memo on the basis of which a First Information Report was recorded by one Nathu Ram, Inspector, Police Station Narnaul. The Deputy Superintendent of Police (DSP), Headquarter thereafter came to his residence, recorded the statement of the witnesses and took into possession the said sealed parcel. Upon investigation, the Appellant with Umrao Singh were charged under Section 12 of the Act. Upon completion of the investigation, a chargesheet was filed and the Appellant and the said Umrao Singh were put on trial.