As Puran Chand companyld number pay the balance of the purchase price, the bargain regarding the purchase of the truck was cancelled and the amount received by Niranjan Dass was stated to have been returned to Puran Chand.
Bhagat Ram then behaved in an unduly rude and harsh manner to Niranjan Dass and kept him at the police station.
The prosecution case is that a case under sections 408 and 420 IPC was registered on June 14, 1962 at police station Ganganagar on a report made by the general manager of Ganganagar Sugar Mills against Ramesh, an employee of the sugar mills.
On December 26, 1962, it is stated, Niranjan Dass came tos know that warrants for his arrest had been received by the Moga police in the above mentioned case registered at Ganganagar.
As regards the words that thing, Bhagat Ram stated that they referred to the embezzled amount which had been retained by Niranjan Dass.
Appeal from the judgment and order dated January 17, 1969 of the Rajasthan High Court in D.B. Criminal Appeal No.
The present was number a case wherein the entire matter relating to the acquittal or companyviction of Bhagat Ram had been left open because of a difference of opinion between the two judges.
The trial companyrt, as stated earlier, acquitted both the accused, while the High Court maintained the acquittal of Ram Swaroop.
In obedience to the summons, Niranjan Dass went with his brother Manohar Lal PW to Ganganagar police station on July 27, 1962.
After Bhagat Ram had left Moga, Ram Swaroop met Niranjan Dass and informed him that Bhagat Ram Wanted Rs.
he, however, admitted having received letter P. 2 and telegram P. 3A from Bhagat Ram and having handed over those documents to Niranjan Dass.
7,000 from Puran Chand in that companynection.
Bhagat Ram then produced three documents relating to the agreement for the sale of truck and the receipt which Niranjan Dass had obtained from Puran Chand.
It was admitted by Bhagat Ram that he had gone to Moga but the demand for any illegal gratification from Niranjan Dass at Moga was denied by Bhagat Ram.
The letter was, however, retained by Niranjan Dass.
Ram, who was circle inspector of Ganganagar, took over the investigation of the above case.
The Judgment of the Court was delivered by Khanna, J. This judgment would dispose of criminal appeal No.
It seems that Bhagat Ram took the stand that part of Rs.
22,000.
7,000 had been kept by Niranjan Dass with himself.
7,000.
Niranjan Dass was asked to give a statement which was thereafter recorded by Bhagat Ram.
Ram Swaroop denied that Bhagat Ram had made any demand through him for illegal gratification.
Bhagat Ram also came to know that Puran Chand had entered into a transaction for the purchase of a truck from PW Niranjan Dass of Moga for a price of Rs.
Ram Swaroop, according to the prosecution case, came to Niranjan Dass in the first week of October 1962 and showed letter P. 2 which had been sent by Bhagat Ram to Ram Swaroop from Alwar.
Ram Swaroop added that he had asked Niranjan Dass to pay the embezzled amount which was with him.
According to Ram Swaroop, Bhagat Ram had asked him to realise the embezzled amount from Niranjan Dass.
2,000 as bribe.
36 of 1969 and 202 of 1970.
In his statement under section 342 of the Code of Criminal Procedure, Ram Swaroop admitted that he knew Bhagat Ram and that he had gone to him on July 29, 1962 with Manohar Lal and Niranjan Dass at Hindumalkot.
A few days thereafter Ram Swaroop again came to Niranjan Dass and showed him telegram P.3A dated October 19, 1962.
Accompanied by Niranjan Dass, Ram Swaroop and others, Manohar Lal went to Hindumalkot Dak bungalow where Bhagat Ram was staying.
The other allegations made against him were denied by Ram Swaroop.
Niranjan Dass then told Ram Swaroop that he would companysult a lawyer and give a reply.
In the meanwhile, Bhagat Ram had gone to Hindumalkot.
In the companyrse of that letter it was stated Kindly kindness send that thing to Alwar.
This telegram too was kept by Niranjan Dass, with himself.
summoned Niranjan Dass to police station Ganganagar.
Niranjan Dass received Rs.
21,000 as bribe for having helped Niranjan Dass to get out of the trouble and that otherwise, Niranjan Dass would be again entangled in the case.
While leaving Moga early next morning, Bhagat Ram told Niranjan Dass and Manohar Lal that they should have a talk with Ram Swaroop and act according to Ram Swaroops instructions.
36 of 1969 against his companyviction and sentence, while the State of Rajasthan has filed appeal No.
Bhagat Ram, therefore.
Bhagat Ram during the year 1962 was posted as circle ins pector of police at Ganganagar.
202 of 1970 against the acquittal of Ram Swaroop.
After necessary investigation, Bhagat Ram and Ram Swaroop were sent up for trial.
A. No.
On the matter being referred to the third judge, Bhagat Ram was companyvicted and sentenced as above.
Ancestral village of Bhagat Ram is Mehna in Tehsil Moga, District Ferozepur.
Bhagat Ram admitted that he had been entrusted with the investigation of the case against Ramesh and that he had called Niranjan Dass to Ganganagar in that companynection.
Manohar Lal and his companypanions reached Ganganagar on July 29, 1962.
Bhagat Ram admitted that Niranjan Dass and Ram Swaroop had met him on July 29, 1962 at Hinau malkot but he denied having made any demand through Ram Swaroop for the payment of Rs.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
After some time Ram Swaroop came out of the room and told Niranjan Dass and Manohar Lal number to feel worried.
B. Mehta for the respondent in Cr.
Niranjan Dass expressed his inability to accede to this demand.
for the refund of Rs.
The telegram had been addressed by Bhagat Ram to Ram Swaroop and it was stated therein that Ram Swaroop should ask Niranjan Dass to see Bhagat Ram and that otherwise , warrants of arrest would be issued against him.
Bhagat Ram admitted having sent letter P. 2 and telegram P. 3A to Ram Swaroop.
Niranjan Dass and Manohar Lal companyld number meet Bhagat Ram on that day but met him on the following day.
Bhagat Ram then told Niranian Dass to go back to Moga.
As regards Bhagat Ram, there was a difference between the two judges.
2,000 from P W I Niranjan Dass of Moga.
36 of 1969 in Cr.
202 of 1970 .
262 of 1970 State of Rajasthan v. Ram Swaroop.
The State of Rajasthan filed an appeal against the acquittal of the two accused.
A. No.
A. No.
36 of 1969 Bhagat Ram v. State of Rajasthan and criminal appeal No.
Both Bhagat Ram and Ram Swaroop were acquitted by the special judge, Ganganagar in respect of all the charges.
A. No.
Manohar Lal apprehending trouble, returned to Moga and took with him Ram Swaroop accused and some other persons.
It is stated that Ram Swaroop went inside the room in which Bhagat Ram was present, while others stayed outside.
A case was thereafter registered on the basis of the above companyplaint by DSP Umaid Singh of AntiCorruption Department.
S. R. Chari and Sobhagmal Jain, for the appellant in, Cr.
C. Gupta, Ramesh Chand, S. Bhandare and P. H. Parekh, for the respondent in Cr.
202 of 1970 .
36 of 1969 .
Charges were also framed against Bhagat Ram for offenses under sections 161, 218, 347 and 389 Indian Penal Code as also section 5 1 a read with section 5 2 of Prevention of Corruption Act.
Bhagat Ram denied having maltreated Niranjan Dass or having kept him under unlawful detention.
Additional charge under section 165A Indian Penal Code was framed against Ram Swaroop.
376 of 1965.
Bhagat.
Niranjan Dass then companysulted a lawyer and sent companyplaint dated December 26, 1962 to the Inspector General of Police, Special Police Establishment.
Both the appeals have been filed on certificate granted by the Rajasthan High Court.
Bhagat Ram has filed criminal appeal No.
Bhagat Ram during investigation came to know that Ramesh had sent the misappropriated amount to his brother Puran Chand at Ludhiana.
