LAWS(DLH)-1974-2-13

DAVINDER SINGH Vs. STATE

Decided On February 11, 1974
DAVINDER SINGH Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeals No. 165 of 1971 (in re : Davinder Singh v. State) 171 of 1971 (in rc : Suraj Mal Vs. State) and 48 of 1972 (in re : State- Delhi Administration Vs. Ram Narain) as these three appeals arise out of the judgment dated December 8, 1971, of Shri Muni Lal Jain, Special Judge, Delhi.

(2.) Davinder Singh appellant in Cr. A. 165/71 who was working in August, 1969 as S.H.O. Police Station Sadar, Panipat, Suraj Mal appellant in Cr. A. 171/71, who was posted as constable in August, 1969, in Police Station Sadar, Panipat, and Ram Narain, respondent in Cr. A. 48 of 1972 who was working as Prosecuting Sub-Inspector in District Karnal, were tried by Shri Muni Lal Jain, Special Judge, Delhi, under section 5(l)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 and under section 161 Indian Penal Code read with section 34 Indian Penal Code on the allegation that Davinder Singh had accepted Rs. 150.00 and Suraj Mal and Ram Narain Rs. 100.00 each as illegal gratification other than legal remuneration from Prem Nath Sharma (PW 8) for showing him favour in a case registered against him and his co-accused under sections 343/366/342/376 Indian Penal Code of Police Station Panipat. The learned Special Judge found Davinder Singh and Suraj Mal guilty of the aforesaid charges and accordingly convicted and sentenced both of them to two years' rigorous imprisonment and a fine of Rs. 200.00 each under section 5(2) read with section 5(1) (d) of the Prevention of Corruption Act and further convicted and sentenced both of them under section 161 Indian Penal Code to two years' rigorous imprisonment each, by his judgment dated December 8, 1971. Both the substantive sentences of each of the said accused were directed to run concurrently. Ram Narain was given the benefit of doubt and was acquitted.

(3.) Davinder Singh and Suraj Mal being aggrieved by their conviction and sentence have challenged the same by filing separate appeals being Criminal Appeals Nos. 165 of 1971 and 171 of 1971, while the State feeling dissatisfied with the acquittal of Ram Narain has challenged the same in Criminal Appeal No. 48 of 1972.