KRISHNA KUMAR KEDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 6/4/2018 passed by the High Court of Judicature at Patna whereby appeal filed by the Appellant against the order of conviction and sentence dtd. 26/6/2015 by the Learned Special Judge CBI-II, Patna stands dismissed. The Appellant herein was convicted under Sec. 407, 420, 465, 471 of Indian Penal Code, 1860 (hereinafter referred as "IPC") and punished for sentences for the said offences to run concurrently with fine and default stipulations in following manner: - <IMG>JUDGEMENT_177_LAWS(SC)4_2025_1.jpg</IMG>

(2.) The facts in brief leading to the registration of a case against the Appellant was a complaint lodged by the Executive Engineer, Saharsa Division stating therein that a supply order no. 413(E) dtd. 17/1/1994 has been placed for supply of 1091.95 MT of Bulk Bitumen valued at INR 54,07,920/- (Rupees Fifty- Four Lakhs, Seven Thousand Nine Hundred and Twenty Only) which, as a matter of fact, was forged and without proper sanction, delivery of which was taken by M/s Cosmo Transport from Indian Oil Corporation (IOC), Haldia and was required to be delivered to the Road Construction Department (RCD), Saharsa Division but was not so delivered.

(3.) The said complaint was registered as PS Case No. 291/96 leading to the investigation wherein four persons were identified/arrayed as accused. Krishna Kumar Kedia, proprietor of M/s Cosmo Transport, the Appellant herein was the main accused and Maheshwari Prasad, Panchu Mahto and Bhagwan Prasad Poddar were accused no. 2, 3 and 4 respectively. It would not be out of way to mention here that Panchu Mahto (Accused No. 3) was the officer who managed things and passed the working order nominating M/s Cosmo Transport for transportation of the aforesaid Bulk Bitumen whereas Bhagwan Prasad Poddar (Accused No. 4) was an Executive Engineer and the informant of Saharsa PS Case No. 291/26. Maheshwari Prasad was a person who according to the prosecution had prepared, forged and fabricated documents at the instance of Krishna Kumar Kedia, the proprietor of M/s Cosmo Transport, who was the mastermind and main accused in the misappropriation of the entire quantity of Bulk Bitumen.