SHIV NARAIN SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Shiv Narain Sharma and Phool Kumar, serving as Inspector and Clerk respectively, in Food and Supplies Department of the State of Haryana, have impugned their conviction and award of sentence of 5 years RI coupled with fine of Rs. 30,000/- for an offence under Section 7/13 of the Prevention of Corruption Act, 1988 by filing two separate appeals, which are being disposed of by this common order.

(2.) THROUGH the abovesaid appeals, the appellants have challenged their conviction on number of grounds, prime one being that even the complainant, Krishan Kumar (PW11) and Raman Gulati (PW12), a shadow witness, did not support the prosecution case but the result still was their conviction.

(3.) IN support of its case, the prosecution examined as many as 13 witnesses, which included complainant, shadow witness, DSP and the S.D.M., who were present at the time of alleged raid. On conclusion of prosecution evidence, the appellants were confronted with the evidence and the circumstances appearing in evidence against them, as is the purview of Section 313 Cr.P.C. They denied the prosecution evidence and the allegations made against them. Both the appellants pleaded their false implication. Appellant Shiv Narain Sharma when asked, stated in defence :-