OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS -Om Parkash and Umrao Singh have filed this appeal against the judgment dated 16.4.1993, passed by Special Judge, Narnaul, vide which they have been convicted under Section 12 of the Prevention of Corruption Act (hereinafter referred as 'the Act') and order dated 17.4.1993, vide which they have been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 3,000/ - each.

(2.) AS per the prosecution version, Inspector Ganeshi Lal was investigating case FIR No. 45 dated 19.2.1992, Ex. PA, registered under Sections 302/201 IPC at Police Station Ateli regarding the murder of one Kallu Ram resident of Village Rampura. In the said FIR, Appellant Umrao Singh and his family members were suspected to be involved. On 28.5.1992, when Ganeshi Lal, Inspector was present at his residence, both the Appellants came to his house. Appellant Om Parkash offered him Rs. 10,000/ - wrapped in a wax paper and requested him that he should help Appellant -Umrai Singh and others in the aforesaid FIR. It is alleged that Inspector Ganeshi Lal said that he could not help them and refused to take the money, but the Appellants insisted him to take the money. Thereupon, he took the money in the presence of Head Constables Mahabir and Abdul Subhan Khan, sealed the same in a parcel and prepared a memo Ex. PB, duly signed by the witnesses and sent the same to the police station, on the basis of which FIR in question, Ex. PC/1 was recorded by Nathu Ram Inspector, Police Station Narnaul. Thereafter, DSP, Head Quarter, came to his residence. He recorded the statements of the witnesses and took into possession the sealed parcel containing the currency notes vide recovery memo Ex. PD. After completing the investigation, the police submitted challan against the Appellants under Section 12 of the Act.

(3.) THE Appellants in their statements under Section 313 of the Code denied all the allegations. However, they stated that on the day of the alleged occurrence, they had come to the Courts to engage a lawyer and Umrao Singh was carrying money in his pocket. Inspector Ganeshi Lal demanded the money and snatched the same from Umrao Singh, to which Om Parkash objected and said that he will report the matter to the higher authorities. Thereupon, Inspector Ganeshi Lal falsely implicated both the Appellants in this case by alleging that an attempt was made to give him bribe.