RAM NATH Vs. STATE OF H.P.

JUDGEMENT

(1.) IN criminal case No. 1 -S/7 of 2000, the appellant was alleged to have contravened the provisions of Section 13 (1) (a) of the Prevention of Corruption Act, 1988 for short the Act -, thus he was charged -sheeted and convicted for the offence punishable under Section 13 (2) of the Act for allegedly taking illegal gratification of Rs. 500/ - from complainant Naresh Kalia (PW -1) as such sentenced to undergo the rigours imprisonment for a period of one ear and also to pay fine of Rs. 2000/ -; In default of payment of fine, to further undergo rigours imprisonment of two months, which has been challenged in this appeal.

(2.) THE background of the facts giving rise to the present appeal can be summed up thus. The appellant was posted as the Office Kanungo in Sub Tehsil Ram Shehar in Nalagarh Sub Division. In addition to it, he was deputed to function as the Field Kanungo of Circle No. II. Smt. Santo Devi, fathers sister of the complainant (PW -1) had died about 5 years back, therefore, her estate was to devolve upon Ram Swaroop, father of the complainant Naresh Kalia PW -5 and other legal heirs. The complainant Naresh Kalia is alleged to have handed over the death certificate of Smt. Santo Devi to the Patwari concerned on 25.5.2009 to enter the mutation.

(3.) ACCORDING to the prosecution story, on 2.7.1999 when the complainant was on his way to the office of the appellant, he met Dy. S.P. (Enforcement) Hari Chand (PW -10), the Deputy Superintendent of Police (Enforcement0 in Nalagarh Rest House and told him about the above facts and handed over his complaint Ext. P -B in writing to him.