OM PRAKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, I intend to dispose of the present appeal as well as Criminal Appeal No. 162-DBA of 1992, which had been filed by the State of Punjab against the acquittal of Om Parkash Sharma accused, as they arise out of judgment and order passed by Special Judge, Hoshiarpur on 8.11.1991.

(2.) Both the accused, namely, Om Parkash son of Shiv Saran Dass and Om Parkash Sharma son of Amin Lal Sharma, were tried under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 IPC. Vide impugned judgment, the trial Court acquitted Om Parkash Sharma of the charges against him. However, Om Parkash son of Shiv Saran Dass was held guilty under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 as well as Section 161, IPC. He was awarded RI for two years and to pay a fine of Rs. 500, failing which to further undergo RI for three months on the first count and sentence of two years and to pay a fine of Rs. 500, failing which to further undergo RI for three months on the second. However, the substantive sentences of imprisonment were ordered to run concurrently.

(3.) Aggrieved of the same, Om Parkash son of Shiv Saran Dass filed the present appeal, while State of Punjab filed Criminal Appeal No. 162-DBA of 1992 against the acquittal of Om Parkash Sharma accused.