SHYAM KANT GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these three appeals arise out of the judgment and order dtd. 28/11/2002 passed by the Special Judge and First Additional Sessions Judge Raipur in Sessions Trial No. 7/1999 convicting the accused/appellants and sentencing them as under, they are being disposed of by this common judgment. <FRM>JUDGEMENT_54_LAWS(CHH)8_2022_1.html</FRM>

(2.) In the present case, at the relevant time, appellant/accused R.A. Singh was the Assistant Regional Manager of Madhya Pradesh State Handloom Weavers Cooperative Society, Raipur and the appellant Shyam Kant Gupta was posted as Assistant Regional Manager and Accused/appellant Ramesh Kumar Dewanangan was posted as Technical Supervisor of District Handloom Weavers Union, Bilaspur. It is alleged that the appellants entered into a criminal conspiracy to put financial loss to the State Government, appellant R.A. Singh has placed an order vide Letter No. {ks-jk-@93&94 fnukad 31/3/94 with the President of Bajrang Handloom Weavers Cooperative Society, Ganiyari, District Bilaspur for supply of 5,000 metres of polyester suiting with size of 54 inches at the rate of Rs.70.00 per meter at the cost of Rs.3,50,000.00 for the use in his region. According to the Madhya Pradesh Government Commerce and Industry Department bearing NO. F/5/7/82/11/84 Bhopal dtd. 25/7/1984, the purchase of store material was compulsorily to be from Small Scale Industry only.

(3.) In order to establish the guilt of the accused/appellants, prosecution has examined 10 witnesses. Statements of the accused/appellants were also recorded under Sec. 313 of the Cr.P.C. in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.