S C MITTER Vs. STATE

JUDGEMENT

(1.) The appellant was convicted by the First Special Tribunal, Calcutta, of an offence under Section 120B read with Section 161, Penal Code, and for several offences under Section 161 of the Code. He was sentenced to different periods of imprisonment for each of these offences and also to fines, in default of payment of which, he was directed to undergo further periods of imprisonment.

(2.) The prosecution case was that the appellant entered a conspiracy with one Sripati Mukherji to commit offences under Section 161, Penal Code by accepting illegal gratification from Sripati as a motive or reward for issuing contracts in favour of the Dalia Tailoring Company of which Sripati Mukherji was a contractor, and that in pursuance of the same, different sums of money, as mentioned in specific charges, were actually received by the appellant from Sripati Mukherji as illegal gratification. It is said that on paper, these payments were shown as having been made to one R. K. Roy as commission on profits, though in reality, these payments were for the appellant and were received by him.

(3.) The defence was a denial of any agreement to receive illegal gratification and a denial that any such gratification was received.