STATE OF ORISSA Vs. MANOHAR MISHRA

JUDGEMENT

(1.) HEARD further argument and the judgment is as follows :

(2.) RESPONDENT as accused No.2 together with Sri Ramji Das and Jayasingh Bhoi as accused 1 and 3 faced trial in the Court of Special Judge (Vigilance), Sambalpur in T.R. Case No.20 of 1984. According to the allegation of the prosecution, in the matter of procurement of paddy on behalf of the Government, accused Ramji Das as the Deputy Director of Agriculture, posted at Sambalpur, Manohar Mishra, a Senior Clerk posted at Paikmal were involved in procurement of paddy. Accused Jayasingh Bhai was an outsider and acted as agent. In the process of procurement of paddy price was shown to be paid at the rate of 170/ - or Rs.175 - per quintal though rate of procurement was less than that and in that process the accused persons caused loss of Rs. 1462.83 paise to the Government and made wrongful gain of the same on the basis of fabricated documents, i.e., receipt and vouchers which were also entered in the books of account. For the said act, accused Ramji Das and Manohar Mishra were charged for the offence under Section 5(1)(d) and 5(2) of the Prevention of Corruption Act (in short the 'P.C. Act) together with offence under Sections 420/468/471/477 -A/120 -B of the Indian Penal Code (in short the 'IPC). Accused Jayasingh Bhoi was also charged for all such offences together with the offence under Section 109 IPC. In course of trial, prosecution relied on the evidence of 15 witnesses and exhibited various documents marked Ext.1 to 21.

(3.) AS against the aforesaid order of acquittal of the learned Special Judge (Vig.) in the impugned judgment passed on 14.12.1994, the State of Orissa filed application for leave to appeal as against the present respondent -Manohar Mishra. It is stated in paragraph -5 of the leave petition that prosecution does not oppose to the order of acquittal in favour of the other accused persons.