STATE OF HIMACHAL PRADESH Vs. SATYA DEV SHARMA

JUDGEMENT

(1.) We are disposing of all these criminal appeals by this common judgment as it is convenient and advantageous to deal with all these together. They relate to three different criminal cases charge-sheeted before the Court of Special Judge, Shimla, established for trial of offences under the prevention of Corruption Act.

(2.) In each of these three cases, officials of the State Government were arrayed along with private persons for facing charge for offences under section 120-B of the Indian Penal Code read with Sections 218, 379, 467, 468, 471, 419 of the Indian Penal Code, besides Section 33 of the Indian forest Act and also Section 5 (2) of the Prevention of Corruption Act, 1947. During the pendency of the trial of these cases, some of the accused arrayed have died and the criminal proceedings became abated in respect of those persons. The trial proceeded as against the remaining accused and ultimately the trial Judge convicted the accused in all the three cases principally under section 120-B of the Indian Penal Code and also for different other counts of offences linked to criminal conspiracy. All of them were sentenced to different terms of imprisonment under different counts. The three cases were disposed of by three separate judgments.

(3.) The convicted persons filed appeals before the High Court of himachal Pradesh challenging the conviction and sentence imposed on them. A learned Single Judge of the High Court disposed of all the appeals by three different judgments vis-a-vis the three judgments of the trial court and set aside the conviction and sentence and acquitted all the accused. These appeals have been preferred by the State of Himachal Pradesh by special leave.