REKHA DIKSHIT, J. - (1.) Since all the appeals have been filed against a common judgment, the same are being decided by a common judgment.
(2.) These appeals assail the correctness of the judgment and order dated 30.08.2011 passed by learned Special Judge, C.B.I., Court No.2, Lucknow in Criminal Case No.2 of 1990 (State v. M.P. Singh), arising out of R.C.No.6A/1987, under Sections 120B, 420, 467, 471 I.P.C. and Section 5(2) read Section 5(1)(D) of Prevention of Corruption Act, 1947, Police Station C.B.I./A.C.B., Lucknow, whereby the Special Judge has convicted and sentenced the accused-appellants as under: (i) The appellant namely Mahendra Pal Singh (hereinafter referred to 'M.P. Singh') has been convicted under Section 13(2) read with section 13(1)(D) of Prevention of Corruption Act, 1988(1) and Sections 120-B read with Section 420, 468, 471 I.P.C and sentenced him under Section 13(2) read with Section 13(1)(D) of the Act for three years rigorous imprisonment with fine of Rs. 20,000/-, in default of payment of fine, he shall undergo six months additional imprisonment, under Section 120-B read with Section 420 I.P.C. for five years rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine, he shall undergo two months additional imprisonment, under Section 468 I.P.C. for five years rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine, he shall undergo two months additional imprisonment and under Section 471 I.P.C. for five years rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine, he shall undergo two months additional imprisonment. All the sentences were directed to run concurrently. (1) ACT (ii) The appellant namely Jagbeer Singh has been convicted under Section 13(2) read with Section 13(1)(D) of the Act and Sections 120-B read with Section 420, 419, 468, 471 I.P.C and sentenced him under Section 13(2) read with Section 13(1)(D) of the Act for three years imprisonment with fine of Rs. 2,000/-, in default of payment of fine, he shall undergo ten days additional imprisonment, under Section 120-B read with Section 420 I.P.C. for five years rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine, he shall undergo two months additional imprisonment, under Section 419 I.P.C. for two years rigorous imprisonment, under Section 468 I.P.C. for five years rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine, he shall undergo two months additional imprisonment and under Section 471 I.P.C. for five years rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine, he shall undergo two months additional imprisonment. All the sentences were directed to run concurrently. (iii) The appellant namely Ashok Kumar Singh has been convicted under Sections 120-B read with Section 420, 468, 471 I.P.C and sentenced him under Section 120-B read with Section 420 I.P.C. for five years rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine, he shall undergo two months additional imprisonment, under Section 468 I.P.C. for five years rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine, he shall undergo two months additional imprisonment and under Section 471 I.P.C. for five years rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine, he shall undergo two months additional imprisonment. All the sentences were directed to run concurrently.
(3.) As per report dated 01.01.2018 of the Chief Judicial Magistrate, Etawah, the appellant Jagbeer Singh died on 02.03.2015, as such, the Criminal Appeal No. 1509 of 2011 (Jagbeer Singh v. State of U.P. Through C.B.I.) stands abated. Now this Court proceeds with the Criminal Appeal Nos.1510 of 2011 (Ashok Kumar Singh v. State of U.P. Through C.B.I.) and Criminal Appeal No. 1511 of 2011 (Mahendra Pal Singh v. State of U.P. Through C.B.I.).;