RAMSWAROOP GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the appeals arise out of a common judgment, they are decided by this common judgment.

(2.) All the appeals have been preferred against judgment dated 9.3.2002 passed by Ist Additional Sessions Judge and Special Judge under the Prevention of Corruption Act (henceforth 'the PC Act'), Ambikapur, District Surguja in Special Case No.5 of 1997, whereby the Appellants have been convicted and sentenced as under:

(3.) Facts of the case, in short, are that at the relevant time, Appellant Harish Kumar Verma was posted as Executive Engineer in M.P.E.B., Mandal Ambikapur, Appellant B.R. Boonkar was posted as Tahsildar, Ambikapur. Appellant Ramswaroop Gupta owned a land bearing Khasra No.39/17 area 4 acres and Appellant Harbhajan Singh owned a land bearing Khasra No.38/26 area 2.56 acres. According to the case of the prosecution the aforesaid two lands were received by Appellants Ramswaroop Gupta and Harbhajan Singh by the Government as patta. According to the further case of the prosecution, for installation of 132 KV sub-station at Village Bishunpur, the aforesaid two lands total area 6.56 acres were purchased by the M.P.E.B. on excessive price as a result of criminal conspiracy between all the Appellants of the present appeals. It was further alleged that the said lands were purchased at total consideration of Rs.25,91,200/-, but they were factually valued at Rs.3,93,600/- and thus, allegedly, all the Appellants caused wrongful loss to the M.P.E.B. to the tune of Rs.21,97,600/-. One Ramprasad, a member of Nagrik Sangharsh Samiti presented a written complaint against this. On his written complaint, a preliminary inquiry was conducted and thereafter offence was registered by Anti Corruption Bureau. On completion of investigation, a charge-sheet was filed. The Trial Court framed charges.