RISHI PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the judgment of the learned Special Judge, Gurgaon, dated 08.01.2013, convicting the appellant, Rishi Pal, for the commission of offences punishable under Section 306 of the Indian Penal Code and Section 7 of the Prevention of Corruption Act, 1988. Vide order dated 10.01.2013, the appellant was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5000/- for the commission of the offence punishable under Section 306 IPC and to undergo rigorous imprisonment for two years and to pay a fine of Rs.5000/- for the commission of the offence punishable under Section 7 of the Prevention of Corruption Act, 1988. Both the sentences were ordered to run concurrently. In default of payment of fine, he is to further undergo simple imprisonment for three months, in respect of each sentence.

(2.) The facts leading up to the registration of criminal proceedings against the appellant, are that on 26.05.2010, complainant Rampal filed a written complaint (Ex.PA), to the SHO, P.S. Civil Lines, Gurgaon, the English translation of which is as follows:-

(3.) The police proceeding recorded on the complaint (Ex.PW38/B), goes on to say that ASI Jagdish of Police Station Civil Lines, Gurgaon, received a phone call saying that a shot had been fired in Flat No.411, Ganpati Apartment Heights and that Dinesh son of Rampal, Ahir, had been injured and had been taken to Kalyani Hospital but had died on the way there. Consequently, ASI Jagdish and HC Himmat, No.1680, Constable Mahavir, No.3190, reached Flat No.411 where the 'Scene of Crime' team was also called. The complainant, Rampal, also reached the spot and submitted his complaint, detailed hereinabove, to the police of Police Post, Sector 14, Gurgaon.