GURBACHAN SINGH Vs. STATE

JUDGEMENT

(1.) The appellant in this case was charged with offences under sections 161, 162 and 163 Indian Penal Code . for attempting to obtain for himself and other psons illegal gratification from two postal employees from Jullundur and Kapurthala, namely Kewal Krishan and P.L. Sachdeva, for getting their names included in the merit list which was to be prepared as a result of the postal examination held in September 1962 by exercising his influence with some other public servants dealing with the matter. He was also charged with conspiracy with some other unknown person or persons and also for attempting to cheat the afore-mentioned Kewal Krishan and P.L. Sachdeva by trying to obtain Rs. 500.00 from each of them by falsely holding out that he would get their names included in the merit list as aforesaid.

(2.) Learned Special Judge who tried the case found the appellant guilty of an offence under section 120-B Indian Penal Code . and section 161 Indian Penal Code . only by his order dated 3rd February 1967 and sentenced him to two years R.I. and a fine of Rs. 500.00 under each of the two counts. In the event of default in the payment of fine, the appellant was also ordered to undergo further rigorous imprisonment for a period of three months for each default. The substantive sentences of imprisonment were however ordered to run concurrently. The appellant being aggrieved by the order of conviction and sentence has come up in appeal to this Court.

(3.) The main and if I may say so, the only real contention urged on behalf of the appellant is that his trial was vitiated for want of a valid sanction.