R.R. Prasad, J. - (1.) Both the appeals since arising out of same judgment and order were heard together and are being disposed of, by the common judgment and order.
(2.) Both the appeals are directed against the judgment of conviction dated 13.7.2012 and the order of sentence dated 19.7.2012, passed in R. C. Case No. 15A/1994-D, whereby and whereunder, the appellants having been found guilty for the offences punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and also under Section 420 of the Indian Penal Code were sentenced to undergo R.I. for two years and a fine of Rs. 5,000/- for the offences under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. In default to undergo S.I. for two months. Further they were sentenced to undergo R.I. for three years under Section 120-B read with Section 420 of the Indian Penal Code and to pay fine of Rs. 5,000/-, with a default clause to undergo S.I. for two months.
(3.) The case of the prosecution is that B.C.C.L. had constructed some quarters at Matigarha section of Kesargarh Colliery, which were to be provided with water supply through over-head tank. For construction of overhead tank, an estimate of Rs. 1,83,782.14/- was prepared for having overhead water tank of a capacity of 50,000 gallons. On the basis of the said estimate, tenders were invited. Pursuant to that on amongst others, M/s. Rajesh Trading Company. Dhanbad submitted its tender papers. A Tender Committee consisting of the Deputy General Manager, Deputy Chief Finance Manager, Area Civil Engineer, Block II Area, was constituted for the purpose of detail scrutiny of the tender papers and to take decision for recommending the name of the successful bidder for awarding contract. In the N.I.T., it was provided that the tendered should have prior experience of construction of overhead water reservoir. M/s. Rajesh Trading Company, Dhanbad though had no such experience, but the Tender Committee made recommendation for awarding work to him by showing undue favour. The said recommendation was even approved by the General Manager, Block II Area of B.C.C.L. Accordingly, work order was issued in favour of M/s. Rajesh Trading Company, Dhanbad on 25/27.6.1990. Thereafter work got started and it was completed in December 1991. After more than a year, to test it as to whether it does have any fault or not, the overhead tank was partially charged with water on 18.1.1993. On the following day it was further charged with water. In the afternoon, overhead water tank got collapsed with heavy sound which attracted attention of Bishwanath Rawani (P.W.2), Tapan Kumar Singh (P.W.5), and Awadhesh Prasad Srivastava, Assistant Engineer (P.W.6), who reported the matter to Nikhilesh Kumar Jha, General Manager, (Construction) (P.W.1). On enquiry, P.W.6 found that quality of reinforced cement was quite poor which resulted into collapse of water tank.;