AJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed to challenge the judgment of conviction and order of sentence dated 12.03.2015 passed by the Judicial Magistrate Ist Class, Gurgaon, whereby, the accused-petitioner was held guilty for commission of offence punishable under Section 193 IPC and was sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs. 3,000/- with default clause, which has further been upheld by the Additional Sessions Judge, Gurgaon vide his judgment dated 05.12.2015.

(2.) Briefly, the facts of the case are that a case under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (for short 'the Act') was registered by the police against accused-Jagpal Singh, Sub Divisional Clerk (hereinafter referred to as the 'SDC') in Haryana State Agricultural Marketing Board. The petitioner was one of the prosecution witnesses and was the complainant as well. His statement was recorded under Section 164 Cr.P.C on 13.07.2007 by Judicial Magistrate Ist Class, Gurgaon, wherein, he has supported the case of the prosecution, stating therein that said SDC demanded bribe to clear his bills of work done as contractor but when his statement was recorded by the Special Judge, Gurgaon on 17.09.2008, he did not support the case of the prosecution and was turned hostile. The complaint under Section 193 IPC was filed in the Court of Chief Judicial Magistrate,Gurgaon by the Reader of the Court of Sh. S.K. Gupta, the then Special Judge, Gurgaon. The charge was framed under Section 193 IPC on 23.12.2014 and the petitioner faced trial for the said offence. He was convicted and sentenced by the trial Court vide judgment dated 12.03.2015.

(3.) The petitioner, after losing his battle before the two Courts below, has filed the present revision petition to challenge the judgment of conviction and order of sentence passed by the trial Court and the order passed in the appeal.