KISHAN LAL Vs. CENTRAL BUREAU OF INVESTIGATION
LAWS(UTN)-2012-9-68
HIGH COURT OF UTTARAKHAND
Decided on September 20,2012

KISHAN LAL,KESAR CHAND Appellant
VERSUS
Central Bureau of Investigation (for short C.B.I.),State of U.P. (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. 10 of 1997, whereby said court has convicted accused/appellants Kesar Chand and Kishan Lal under Section 120B I.P.C., 109 read with Section 420 I.P.C., under Section 467, 468, 471 I.P.C. and under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. The accused/appellant Kisan Lal has been sentenced to rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1000/ - under Section 120B of I.PC., rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1000/ - under Section 109 read with Section 420 of I.P.C., rigorous imprisonment for a period of one year and directed to pay fine of Rs. 2000/ - under Section 467 of I.P.C., rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1000/ - under Section 468 of I.P.C., rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1000/ - under Section 471 of I.P.C. and rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1,000/ - under Section and under Section 13(2) (Prevention of Corruption) Act, 1988. The accused/appellant Kesar Chand has been sentenced to rigorous imprisonment for a period of two years and directed to pay fine of Rs. 2000/ - under Section 120B of I.P.C., rigorous imprisonment for a period of two years and directed to pay fine of Rs. 2000/ - under Section 109 read with Section 420 of I.P.C., rigorous imprisonment for a period of two years and directed to pay fine of Rs. 5000/ - under Section 467 of I.P.C., rigorous imprisonment for a period of two years and directed to pay fine of Rs. 2000/ - under Section 468 of I.P.C, rigorous imprisonment for a period of two years and directed to pay fine of Rs. 2000/ -under Section 471 of I.P.C. and rigorous imprisonment for a period of two years and directed to pay fine of Rs. 5000/ - under Section 13(2) (Prevention of Corruption) Act, 1988. Accused/appellant Kesar Chand has been further convicted under Section 201 of I.P.C., and directed to undergo rigorous imprisonment for a period of one year and directed to pay fine of Rs. 2000/ -. The trial court has directed that the sentences shall run concurrently. Heard learned counsel for the appellants, and learned counsel for the C.B.I., and perused the lower court record.
(2.) PROSECUTION story, in brief, is that accused/appellant Kesar Chand was functioning as Accounts Assistant, accused/appellant Kishan Lal was working as Senior Section Officer, and co -accused Ram Avtar Gupta was Divisional Accounts Officer, in the Office of Divisional Railway Manager, Northern Railways, Moradabad. It is alleged that they entered in to a criminal conspiracy with co -accused Heera Singh Sobti, who used to work as a Contractor for various works of the railways. In pursuance to the conspiracy, accused/appellant Kesar Chand received bill of Rs. 1,06,388/ - for final payment to co -accused Heera Singh Sobti which was forged for the payment of Rs. 12,06362/ - Accused/appellant Kishan Lal and co -accused Ram Avtar Gupta said to have dishonestly signed said bill and made entry in C.O.7 for payment of Rs. 12,06,362/ - without checking the original bill, measurement book and the agreement entered with the Contractor, and thereby caused wrongful loss for an amount of Rs. 11 lakhs to the railways. It is. also alleged that accused/appellants Kesar Chand and Kishan Lal alongwith co -accused Ram Avtar Gupta in order to screen the offence, removed original bills, measurement book and the agreement of the Contractor from the record. After the scam was detected by Railway Authorities, the amount for which, the railways suffered wrongful loss, was recovered from Heera Singh Sobti. The First Information Report in the matter was registered on 12.04.1994, against the accused/appellants Kesar Chand and Kishan Lal and others and investigation was taken up by PW13 Yashpal Singh, Inspector C.B.I., in connection with Crime No. RC -6(A)/94 -DAD. After completion of investigation, charge sheet (Ex. A39) was filed by the Investigating Officer against the accused/appellants Kesar Chand and Kishan Lal and two other co -accused namely Ram Avtar Gupta and Heera Singh Sobti for their trial, in respect of offences punishable under Section 120B, 420, 467, 468, 471 and 201 I.P.C., and one punishable under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. The trial court on 14.10.1998, after hearing the parties, framed charge in respect of offence punishable under Section 120B read with Section 420 of I.P.C., under Section 109 read with Section 420 of I.P.C., under Section 467, 468, 471 of I.P.C., and also under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988, against the accused/appellant Kishan Lal, accused/appellant Kesar Chand and co -accused Ram Avtar Gupta separately, to which they pleaded not guilty and claimed to be tried. As against the accused/appellant Kesar Chand, the charge was also framed in respect of offence, punish able under Section 201 of I.P.C., to which also the said accused pleaded not guilty and claimed to be tried.
(3.) THEREAFTER , prosecution got examined PW1 N.S. Sinha, Senior Divisional Accounts Officer, Northern Railways (who granted the sanction for prosecution), PW2 Umesh Chand Saxena, Senior Accountant, PW3 N.P. Saxena (the then cheque writer), PW4 D.C. Kala (Officer of Oriental Bank of Commerce, in the Bank the account was opened in the name of Heera Singh Sobti), PW5 R.P. Mishra, Divisional Engineer, PW6 Hukum Chand Varsney (the then Engineer In -Charge of the work given to Heera Singh Sobti), PW7 Mangat Singh (a Clerk in the Office of In -Charge of the works, Chandausi), PW8 Javed Ahmad, the Divisional Accountant, PW9 J.P. Sharma, Office Superintendent, PW10 Rakesh Kumar Verma, Clerk in the Office of Divisional Engineer, PW11 Surmdra Kumar Sharma, Assistant Divisional Accounts Officer, PW12 Dr. S.C. Mittal, Senior Scientist of Forensic Laboratory, New Delhi and PW13 Yashpal Singh.;


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