KULDEEP SHARMA Vs. STATE OF H P

JUDGEMENT

(1.) Appellant, aggrieved by his conviction and sentence under Sections 120-B, 467, 468, 471 and 420 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter called as "P.C. Act") is before us with leave of the Court.

(2.) According to the prosecution, in the year 1984 the appellant Kuldeep Sharma and Co-accused Rajinder Sharma were posted as Junior Engineer and Assistant Engineer respectively at Jubbal Sub-division of the Irrigation and Public Health Department of the Government of Himachal Pradesh. A telegram alleging malpractices against both of them were received on 26th September, 1984 in the Anti-Corruption Unit at Shimla. A preliminary investigation was conducted and on that basis, First Information Report No. 5/84 was lodged. Investigation revealed that muster roll no. 146 (Ext. PW-1/A) for the period 1st of July, 1984 to 31st of July, 1984 which pertained to the running and maintenance of flow irrigation scheme was earlier given to PW-1 Chander Singh, Meter Reader, who returned with the endorsement 'blank' on it to the co-accused. On 29th of August, 1984, co-accused smeared the word 'blank' with red ink and handed over to PW-2 Dula Ram to enter the names of two labourers and to mark them present for the month of July, 1984. In the said muster roll, the names of Kanshi Ram and Ram Bahadur were recorded by PW-2 Dula Ram, the then Supervisor and it was countersigned by the appellant. On the basis of the said entry, wages were paid to the aforesaid persons. According to the prosecution on investigation it transpired that the aforesaid labourers did not work for the period for which they were marked "present" in the muster roll.

(3.) Further case of the prosecution is that Muster Roll No. 230 (Ext. PW-3/A) for the period 1st September, 1984 to 30th September, 1984 pertaining to the repairs and maintenance of water supply scheme was issued by the then Executive Engineer PW-14 D.R. Gupta to the co-accused who in turn endorsed it to the appellant herein. However, lateron, co- accused struck-off the first endorsement and endorsed it to Hazari Nand (PW-8), the then Supervisor. This muster roll contained the names of Devki Nand, Gursa Ram, Lok Pal and Joginder Singh as casual labourers recorded by Hazari Nand and verified by the appellant. Payments to the aforesaid labourers were made by the Assistant Engineer who succeeded the co-accused.