BHAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 03.04.1998 passed by the Sessions Judge, Anti Corruption Cases, Bikaner in A.C.D. Case No. 36/97 (9/90) whereby the charges under Section 7 and 13(1)(d) read with Section 13(2) of the Anti Corruption Act, was proved against appellant, Bhal Singh, and he was declared guilty for the same. Thereafter he was heard on the point of sentence and was convicted and sentenced for six months rigorous imprisonment under Section 7 and fine of Rs. 500/- was also imposed. He was further convicted and sentenced for offence under Section 13(2) for a period of one year's rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine, he has to go for one month's rigorous imprisonment.

(2.) PROSECUTION case is as under :

(3.) PROSECUTION in support of its case examined Sukh Deo Singh PW1, Sushil Kumar PW2, Jai Singh PW3, Hansraj PW4, Sudarshan Kumar PW5, Laxman Singh PW6, Ram Gopal PW7, Gauri Shankar PW8, Radhey Shyam Sharma PW9, Hazari Lal PW 10, Banney Singh PW11, and Nawal Kishore PW12. Thereafter statement of accused appellant Bhal Singh under Section 313 Cr.P.C. was recorded and stated that he caught dry wooden loaded truck of Sukh Deo Singh so he falsely implicated him. After hearing the counsel for the parties, learned Sessions Judge convicted and sentenced the accused appellant. During the pendency of appeal, accused appellant Bhal Singh expired on 05.10.2000. Thereafter an application under Section 394 Cr.P.C. was filed to take on record legal heirs of Bhal Singh and that application was allowed vide order dated 22.11.2000. Hence, this appeal is prosecuted by his legal heirs as mentioned hereinabove.