KESAR CHAND Vs. STATE OF UTTAR PRADESH
LAWS(UTN)-2012-9-65
HIGH COURT OF UTTARAKHAND
Decided on September 18,2012

KESAR CHAND,Kisan Lal Appellant
VERSUS
CENTRAL BUREAU OF INVESTIGATION,State of Uttar Pradesh (now State of Uttarakhand) and Ors. Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) BOTH these appeals are directed against judgment and order dated 12.01.2000, passed by Special Judge, Anti Corruption, Dehradun, in C.B.I. Case No. 3 of 1998, whereby said court has convicted accused/appellants Kesar Chand and Kishan Lal under Section 120B read with Section 420 I.P.C., and under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988, and under Section 420, 467, 468, 471 read with 468 and 201 of I.P.C. The accused/appellant Kesar Chand has been sentenced to rigorous imprisonment for a period of two years and directed to pay fine of Rs. 5000/ - under Section 120B of I.P.C., rigorous imprisonment for a period of two years and directed to pay fine of Rs. 25,000/ - under Section 420 of I.P.C., rigorous imprisonment for a period of four years and directed to pay fine of Rs. 25,000/ - under Section 467 of I.P.C., rigorous imprisonment for a period of two years and directed to pay fine of Rs. 25,000/ - under Section 468 of I.P.C., rigorous imprisonment for a period of two years and directed to pay fine of Rs. 5000/ - under Section 471 of I.P.C., and rigorous imprisonment for a period of one year and directed to pay fine of Rs. 10,000/ - under Section 201 of I.P.C. He has been further sentenced to rigorous imprisonment for a period of two years and directed to pay fine of Rs. 5000/ - under Section 13(2) of Prevention of Corruption Act, 1988. Accused/appellant Kishan Lal has been sentenced to rigorous imprisonment for a period of two years and directed to pay fine of Rs. 2,500/ - under Section 120B of I.P.C., rigorous imprisonment for a period of two years and directed to pay fine of Rs. 2,500/ - under Section 109 read with 420 of I.P.C., rigorous imprisonment for a period of two years and directed to pay fine of Rs. 2,500/ - under Section 467 of I.P.C., rigorous imprisonment for a period of two years and directed to pay fine of Rs. 2,500/ - under Section 471 of I.P.C. He has been further sentenced to rigorous imprisonment for a period of two years and directed to pay fine of Rs. 2,500/ - under Section 13(2) of Prevention of Corruption Act, 1988. Heard learned counsel for the parties, and perused the lower court record.
(2.) PROSECUTION story, in brief, is that accused/appellant Kesar Chand was functioning as Accounts Assistant, and accused/appellant Kishan Lal was working as Senior Section Officer with Northern Railways, at Divisional Railway Manager's Office, Moradabad. Third co -accused P.D Ram, was the Assistant Divisional Accounts Officer of the said organization. In the year 1993, a contract was floated by Northern Railways, Moradabad, for leading and erecting the slabs with regard to which, tender of the Contractor Ravi Verma Prabhakar was accepted arid agreement No. 51/DRM/MB dated 17.09.1993 (Ex. A15) was entered between the Railways and the contractor. The work was to be completed within eight months for an amount of Rs. 9,33,500/ -. The supervision of work was to be done by Inspector of work Chandausi (PW -11) Mangat Singh. However, before the work even commenced the aforesaid accused conspired to cheat the railway administration by getting two forged bills amounting to Rs. 8,66,695/ - dated 15.10.1993 and Rs. 8,99,140/ - dated 12.11.1993, in the name of Contractor Ravi Verma Prabhakar and prepared the cheques, counter signed the same and issued for payment. Not only this, accused Kesar Chand said to have opened the fake Account No. 6/67 in the year 1993, in the name of Ravi Verma Prabhakar (Contractor) with State Bank of India, Branch Civil Lines, Moradabad, and deposited the two cheques of aforesaid amount, which were withdrawn through five cheques. The other accused/appellant P.D. Ram, the then Assistant Divisional Accounts Officer) said to be the third accused, who conspired with the accused/appellants. The First Information Report was got lodged by Arjun Singh Somwanshi, Assistant Divisional Accounts Officer, on the basis of which, C.B.I., registered Crime No. RC -3(A)/94 -DAD on 17.03.1994. Investigation was conducted by PW -16 Yashpal Singh, Inspector with Central Bureau of Investigation (for short C.B.I.). After completion of investigation, the Investigating Officer submitted charge sheet against the accused/appellants Kesar Chand and Kishan Lal and three others namely P.D. Ram, Raj Kishore Singh and Umesh Chand for their trial in respect of offences punishable under Section 120B, 420, 467, 468, 471, 201 of I.P.C., and one punishable under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988, after obtaining necessary sanction from the authority concerned. After hearing the parties, the trial court on 14.10.1998, framed charge against Kesar Chand in respect of offences punishable under Section 120B read with Section 420 and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 and also in respect of offences punishable under Section 420, 467, 468, 471 read with Section 468 and 201 of I.P.C., to which he pleaded not guilty and claimed to be tried. Separate charge was framed on said date by the trial court against the accused Kishan Lal under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988, 120B, 420 read with Section 109, 471, 467 and 468 of I.P.C., to which he also pleaded not guilty and claimed to be tried. The other three accused also pleaded not guilty and claimed to be tried. On this prosecution got examined PW1 A.K. Basu, Joint Secretary (Establishment) Railway Board, New Delhi, PW2 P.C. Singh, Assistant General Manager of State Bank of India, Moradabad, PW3 M.S. Sinha, Senior Division Accounts Officer, Northern Railway, Moradabad, PW4 Digvijay Singh, Senior Divisional Accounts Officer, Northern Railway, Moradabad, PW5 Umesh Chandra Saxena, Senior Accounts Officer, Northern Railway, Moradabad, PW6 Fazal Mohd., a Contractor, who introduced the accused Kesar Chand as Ravi Verma Prabhakar for opening the account, PW7 R.P. Mishra Divisional Engineer 3rd, Northern Railway, Moradabad, PW8 A.A. Abbasi, Cheque Writer in the Office of Divisional Accounts Officer, Northern Railway, Moradabad, PW9 D.D. Sharma, Office Superintendent, Northern Railway, Chandausi, PW10 Surendra Kumar Sharma, Assistant Divisional Accounts Officer, Northern Railway, Moradabad, PW11 Mangat Singh, Inspector of Works, Chandausi, PW12 Rakesh Kumar Verma, Clerk in the Office of Divisional Engineer 3rd, PW13 Dr. S.C. Mittal, Senior Scientific Officer of Forensic Laboratory, New Delhi, PW14 B.S. Pangti, Chief Manager, State Bank of India, Civil Lines Main Branch, Moradabad, PW 15 Rakesh Kumar Chauhan, Accounts Assistant (declared hostile) and PW 16 Yashpal Singh, Inspector, C.B.I., (who investigated the crime).
(3.) THE oral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which, the accused/appellant Kesar Chand admitted that he was Accounts Assistant in the Office of Divisional Railway Manager, Moradabad. He further admitted that an agreement No. 51/DRM/MBB dated 17.09.1993 (Ex. A15) between the railways and Ravi Verma Prabhakar (the Contractor). He also admitted that he did fill the blank bills given to him by co -accused Kishan Lal at the residence of co -accused P.D. Ram. He also admitted having made entries Register CO -7. Not only this, accused/appellant Kesar Chand further admitted that two cheques Ex A8 and Ex A17 received by him on behalf of the Contractor Ravi Verma Prabhakar. He did not question the validity of the sanction (Ex. A4) given against him. However, as to the rest of the evidence, he denied the same. Accused/appellant Kishan Lal with regard to the evidence against him in his statement recorded under Section 313 of Cr.P.C., admitted that he was Senior Section Officer, in the Office Divisional Railway Manager, Northern Railway, Moradabad. He further admitted that aforesaid agreement (Ex. A1S) dated 17.09.1993, for leading and erection of slabs was given to Contractor, Ravi Verma Parbhakar. He also admitted his signature, on which, the forensic laboratory has given its report. However, as to the rest of the evidence, he denied the same.;


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