OM PRAKASH Vs. STATE OF HARYANA
LAWS(SC)-2006-1-37
SUPREME COURT OF INDIA
Decided on January 17,2006

OM PARKASH Appellant
VERSUS
STATE OF HARYANA Respondents


Referred Judgements :-

UNION OF INDIA VS. PURNANDU BISWAS [REFERRED TO]
T SUBRAMANIAM VS. STATE OF TAMIL NADU [REFERRED TO]



Cited Judgements :-

OMKAR LAL SHARMA VS. STATE OF MAHDYA PRADESH [LAWS(MPH)-2010-4-126] [REFERRED TO]
SHARAD KUMAR, SON OF JAY SINGH CHOUHAN VS. STATE OF M P [LAWS(MPH)-2011-3-125] [REFERRED]
SOLOMAN S/O. JOSEPH VS. STATE OF KERALA [LAWS(KER)-2007-9-107] [REFERRED TO]
KRISHNAN ANBU AND ORS. VS. INSPECTOR OF POLICE, SPE: CBI: ACB: CHENNAI [LAWS(MAD)-2015-3-505] [REFERRED TO]
DHYAN SINGH VS. STATE OF HARYANA [LAWS(P&H)-2015-8-23] [REFERRED TO]
R. VIVEKANANDAN VS. STATE [LAWS(MAD)-2023-2-278] [REFERRED TO]
BHUBNESHWAR JHA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(JHAR)-2011-3-290] [REFERRED TO]
RAMA KANT SHARMA VS. STATE [LAWS(DLH)-2014-1-154] [REFERRED TO]
L.VENKADESHAN VS. STATE BY THE ADDITIONAL DEPUTY [LAWS(MAD)-2013-3-81] [REFERRED TO]
V. LAKSHMAIAH VS. STATE OF A.P. [LAWS(TLNG)-2020-6-23] [REFERRED TO]
HARILAL RAJPOOT @ HARIDAS BABA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2008-6-64] [REFERRED TO]
P R RAJPAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-3-19] [REFERRED TO]
R TARA PRASAD VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-2-120] [REFERRED TO]
MADANMOHAN JATWA VS. STATE OF M P [LAWS(MPH)-2012-1-132] [REFERRED TO]
NAVKANT SHARMA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2008-6-39] [REFERRED TO]
ANAND MOHAN VS. STATE OF BIHAR [LAWS(SC)-2012-7-27] [REFERRED TO]
BUDHIA VESTA MALPATI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-6-128] [REFERRED TO]
R.P.MALIK VS. STATE OF NCT OF DELHI [LAWS(DLH)-2013-5-243] [REFERRED TO]
BHUBNESHWAR JHA VS. CENTRAL BUREAU OF INVESTIGATION THROUGH S.P. [LAWS(JHAR)-2011-3-440] [REFERRED TO]
ARYA CHOWDHRY VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-2-61] [REFERRED TO]
PARMANAND SONI VS. STATE OF M P [LAWS(MPH)-2010-11-10] [REFERRED TO]
JAI NARAIN VS. STATE OF HARYANA [LAWS(P&H)-2015-10-112] [REFERRED TO]
STATE OF BIHAR VS. ANAND MOHAN, PROF.ARUN KUMAR SINHA, AKHLAKH AHMAD [LAWS(PAT)-2008-12-159] [REFERRED TO]
ABID AKHTAR S/O LATE HAJI ABDUL JABBAR VS. STATE OF BIHAR [LAWS(PAT)-2013-7-27] [REFERRED TO]
TARA PRASAD VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2015-2-153] [REFERRED TO]
BHUBNESHWAR JHA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(JHAR)-2011-3-169] [REFERRED TO]
OMKAR LAL SHARMA VS. STATE OF M P [LAWS(MPH)-2009-4-97] [REFERRED TO]
BHAGIRATH GAUTAM S/O BADRI PRASAD VS. STATE OF M P [LAWS(MPH)-2010-7-121] [REFERRED]


JUDGEMENT

S. B. Sinha, J. - (1.)Leave granted.
(2.)The Appellant along with one Umrao Singh was convicted for commission of an offence purported to be under Section 12 of the Prevention of Corruption Act (for short "the Act") and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 3000/- each. On an appeal preferred thereagainst the High Court, however, reduced the sentence to six months as against the Appellant and the sentence awarded to Umrao Singh was reduced to the period already undergone.
(3.)The fact of the matter is as under : One Ganeshi Lal, Inspector (PW-2) was investigating the case under Section 302/201 of the Indian Penal Code arising out of the First Information Report No. 45 dated 19-2-1992 wherein one Kallu Ram resident of Village Rampura was murdered. Allegedly, Umrao Singh and his family members were suspected to be involved in the said case. The prosecution case is that on 28-5-1992 when Ganeshi Lal, Inspector was present at about 7 a.m. at his residence, the Appellant and the said Umrao Singh came to his house and offered him a sum of Rs. 10,000/- with a request that he should help them in connection therewith. Ganeshi Lal allegedly refused to accept the money stating that he was not in a position to help them but on their insistence he accepted the same in presence of Head Constables Mahabir (PW-3) and Abdul Subhan Khan (not examined). He allegedly sealed the same in a parcel and prepared a memo on the basis of which a First Information Report was recorded by one Nathu Ram, Inspector, Police Station Narnaul. The Deputy Superintendent of Police (DSP), Headquarter thereafter came to his residence, recorded the statement of the witnesses and took into possession the said sealed parcel. Upon investigation, the Appellant with Umrao Singh were charged under Section 12 of the Act. Upon completion of the investigation, a chargesheet was filed and the Appellant and the said Umrao Singh were put on trial.


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