RADHEY SHYAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals are directed against the two judgments dated 15.12.1999 passed by the learned Sessions Judge, ACD Cases, Bikaner in Sessions Case Nos. 6/89 (5/97) & 5/89 (4/97), whereby, in Case No.5/89 (4/97), he convicted accused appellant Radhey Shyam Gupta for offence under Sec. 5(1)(d) read with Sec. 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act) and sentenced him to one year's rigorous imprisonment and to pay a fine of Rs.25,000.00 and in default of payment of fine to further undergo three months' rigorous imprisonment along with accused appellant Mahaveer Prasad, was also convicted for offence under Sec. 120B Penal Code and sentenced to one year's rigorous imprisonment and to pay a fine of Rs.1 lac, in default of payment of fine to further undergo six months' rigorous imprisonment. In another Sessions Case No. 6/89 (5/97), accused appellant Radhey Shyam was convicted for offence under Sec. 5(1)(d) read with Sec. 5(2) of the Act and sentenced him to one year's rigorous imprisonment and to pay a fine of Rs.25,000.00, in default of payment of fine to further undergo three months' rigorous imprisonment. Both accused appellants Radhey Shyam and Mahaveer Prasad filed separate appeals in this court.

(2.) Since, factual and legal position is almost similar, therefore, all the three appeals are being disposed of by this common judgment as it relates to the supply of pucca bricks in pursuance to the tender issued on 25.12.81 with regard to RD No.10 to 15 and 30 to 35 of link channel, Ghaghar Flood Control Division, Suratgarh. Appeal Nos. 802/99 and 30/2000 are arising out of the judgment in Case No.5/89 (4/97), wherein, accused appellant Radhey Shyam Gupta, while posted as Executive Engineer at Ghaghar Flood Irrigation Department, Suratgarh between June 1981 to Nov., 1982, accepted tender for RD Nos. 10 to 15 from M/s Mahaveer Prasad at higher rate of Rs.376/- per thousand by causing loss to the State Government for a sum of Rs.2,98,220, whereas the rate of bricks was only Rs.150 per thousand. This was done in connivance with Mahaveer Prasad, therefore, the charge under Sec. 5(1)(d) read with Sec. 5(2) of the Act and Sec. 120B Penal Code was levelled against accused appellant Radhey Shyam and charge under Sec. 120B Penal Code was levelled against accused appellant Mahaveer Prasad. In appeal No.801/99, arising out of the judgment in Case No.6/89 (5/97), accused appellant Radhey Shyam was charged for the supply of bricks at higher rate of Rs.362/- per thousand for RD Nos. 30 to 35 in connivance with contractor Deshraj and cause loss to the State Government for a sum of Rs.2,58,913/-, whereas, the rate of bricks was Rs.150 per thousand. Accused appellant Radhey Shyam was charged for offence under Sec. 5(1)(d) read with Sec. 5(2) of the Act & 120B Penal Code and accused contractor Deshraj was charged for offence under Sec. 120B Penal Code but during trial accused Deshraj expired, therefore, proceedings against him were abated.

(3.) Brief facts leading to these appeals are that a source information was received at the Head Quarter of Anti Corruption Department, Jaipur that accused appellant Radhey Shyam Gupta, Executive Engineer, Ghaghar Flood Irrigation Department, Suratgarh had purchased 80 lacs kachha bricks instead of pucca bricks at the rate of Rs.365 per thousand, whereas, the rate was only Rs.150 per thousand and 60 lacks bricks were already in the stock for last six to seven years. It is alleged that accused appellant Radhey Shyam Gupta has invited tenders for the link channel for the construction from RD Nos. 10 to 35 for the supply of 31.50 lacs of bricks. The tenders were issued on 25.12.81 and he received tenders from five suppliers. The tenders were opened on 21.1.82 in connivance with the subordinate Engineer and Contractor by putting loss to the State Government. The Additional Superintendent of Police, Anti Corruption Department, Jaipur register the cases under Sec. 5 (1)(d) read with Sec. 5(2) of the Act and Sec. 120B, 420 & 468 Penal Code against the Executive Engineer Radhey Shyam Gupta and his subordinate engineers and contractors vide FIR Nos. 46/83 and 47/83 and commenced investigation. After usual investigation, accused appellants Radhey Shyam Gupta and Mahaveer Prasad were challaned for offence under Sections 5(1) (d) read with Sec. 5(2) of the Act and 120B Penal Code in FIR No.46/83 relating to RD Nos. 10 to 15, which was registered as Sessions Case No.5/89 (4/97). In FIR No.47/83, accused appellant Radhey Shyam Gupta and deceased M/s Fakirchand Deshraj were challaned in the above sections with regard to the supply of bricks in RD Nos. 30 to 35, registered as Sessions Case No. 6/89 (5/97).