- (1.)Regard being had similitude in the controversy involved in the matter, the above-mentioned cases were heard analogously and a common order is being passed.
(2.)Appellant-accused Karanveer Rana (Cr. Appeal No. 367/2006) and appellant-accused Lakhan Lal Mishra (Cr. Appeal No. 368/2006) have filed their appeals under Section 374 (2) Cr.P.C to set aside the judgment dated 21st April, 2006 passed by the learned Special Judge (Prevention of Corruption Act), Guna in Special Sessions Trial No. 2/04, whereby the appellants have been convicted under Sections 7 and 13 (1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988 [ in short "PC Act''] and sentenced imprisonment for terms of one year each and imposed fine of Rs.2000/- and under Section 13 (2) of PC Act, imprisonment for one year each and fine of Rs. 2000/- each respectively. In lieu of fine, the appellants are directed to undergo sentence of three months each for every count.
(3.)The material facts which are not disputed in these appeals are that appellant Lakhan Lal Mishra was serving in as Railway Traffic Inspector (Railway Path Nirikshak) at Byaora Railway Station at the relevant time and subsequently, retired from service on 28th March, 2003. Accused- appellant Karanveer Rana was serving in the Western Central Railway Bhopal as Store Assistant at the relevant time. Dinesh Hayarn (PW-8) was serving in the Office of D.R.M as Assistant Grade-II. Shri M.R. Dugaya (PW-13) Superintendent in the Office of D.R.M (Works), Bhopal. Mr. Khalid Hussain Qureshi (PW-3) was serving as Time Keeper in the Office of Engineering Railway Traffic, Byaora at the relevant time. It is also not disputed that Ramesh Chand Jain (PW-11) is the Manager and Proprietor of Vardhman Trading Corporation Company and this Company was having license to purchase scraps from the Railway. Complainant Akalank Jain (PW-9) and Rajesh Jain (PW-10) are the sons-in-law of Ramesh Chand Jain (PW-11). Akalank Jain (PW-9) and Rajesh Jain (PW-10), at the relevant time, purchased sleepers and scraps material from the Railway in the auction and the delivery of which was to be done at Ruthai and Kumbraj Railway Stations by the accused persons. The accused persons delivered this scraps to Akalank Jain in between 26th-28th June, 2002 for which papers were prepared accordingly.