PHANINDRA PRASAD SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment dated 10th January, 1972 of the High Court of Madhya Pradesh affirming, in its appellate jurisdiction, the conviction and sentence of the appellants.

(2.) The appellants, P. P. Shukla and Uttam Singh, are two of the original five accused. The other accused were acquitted by the learned Additional Sessions Judge and Special Judge, Bhopal, but the present appellants were convicted under S. 5 (1) (e) and S. 5 (1) (d), Prevention of Corruption Act read with S. .5 (2) of that Act respectively, and under Ss. 109 and 120-B of the Indian Penal Code. Shukla was, in addition, convicted under S. 477 (A), Indian Penal Code. Shukla was sentenced to two years rigorous imprisonment and Uttam Singh to one year's rigorous imprisonment on each count, the sentences to run concurrently. Shukla and Uttam Singh appealed to the High Court, and on 10th January, 1972 the High Court while setting aside the conviction and sentence imposed on the two appellants under S. 120-B, I. P. C. maintained the conviction and sentence on the other counts.

(3.) It appears that a sum of Rupees 2,50,000/- was placed at the disposal of the Agriculture Department, Government of Madhya Pradesh, for the execution of a Contour Bunding Scheme in the Sehore District of the State. Shukla was the Agriculture Assistant in charge of the Scheme covering Phanda, Block No. 2, and Uttam. Singh was the contractor for the supply of boulders in execution of the work. The construction of fourteen waste-weirs was planned, each waste-weir requiring one brass (100 cft.) of boulders. Uttam Singh was paid Rs. 42/- on account of pitching charges, Rs. 202-50 paise for the Supply of 10 brass of boulders and Rs. 500/- for the supply of 20 brass of boulders.