SURESH PATIAL Vs. STATE OF HP

JUDGEMENT

(1.) The above titled appeals are arising from the same judgment passed by the learned Special Judge Kinnaur Sessions Division at Rampur in Sessions Trial No. 1 of 2000 decided on 26.9.2005, whereby the Appellants Suresh Kumar and Chatter Singh were charge-sheeted, tried and convicted for the offences punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, however the Appellant Suresh Patial a Junior Engineer of the HPSEB was acquitted for the offence punishable under Section 13(2) of the Prevention of Corruption Act, against which the State has filed separate appeal (Cr.A. No. 513 of 2005). The aforesaid convict-Appellant were sentenced by the learned trial Court as under:

(2.) The substantive sentences against each of the Appellants aforesaid were ordered to run concurrently.

(3.) In short, the prosecution case as emerges from the record can be stated thus. It is alleged that during the year 1991-92, when Appellant Suresh Patial was Junior Engineer in HPSEB Department posted at Bhaba Nagar, in collusion with his co-accused Chatter Singh Appellant took a shop at Bhaba Nagar, on rent at the rate of Rs. 800/- per month, from PW8 Durgawati Negi and opened the shop of electrical goods under the head and style of 'Patial Electricals Bhaba Nagar'. Both the Appellants in collusion with each other had allegedly supplied electrical goods to the Department in the name of original suppliers Thakur Electricals, Bhagra Niwas, Shimla' by preparing false documents in their name and obtained undue benefits to the tune of Rs. 2,21,272/- and also sought unauthorized exemption of sale tax @ 8% which comes to Rs. 17,801/- and which was an unlawful gain to them.