SURESH KUMAR CHAUHAN Vs. STATE OF C.G.

JUDGEMENT

(1.) Since all the Criminal Appeals and Acquittal Appeal are arising out of same FIR and same judgment, therefore, they are heard analogously and are being disposed of by this common judgment.

(2.) The criminal appeals have been preferred by the appellants/accused under Sec. 374(2) of the Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dtd. 22/2/2018 passed by First Additional Sessions Judge/Special Judge (under Prevention of Corruption Act), Korba (CG) in Special Criminal (P.C. Act) No. 06 /2007, respectively, whereby the appellants have been convicted and sentenced in the following manner:-

(3.) Brief facts giving rise to case as unfolds from the documents available on record are that complainant P.S. Pinjani, proprietor of Raj Hydro Mechanical Construction Company, Berasia Road, Bhopal made a written complaint before State Economic Offence Investigation Bureau, Bhopal and on the basis thereof, complaint case No. 76 of 1990 was registered by Inspector H.N. Guru and on the basis of complaint, FIR (Ex.P-89) bearing Crime No. 28/91 was lodged alleging that Executive Engineer Hasdev Canal Divison No.1, Rampur, Korba had purchased sluice gate and shutters from SK Steel and Mechanical Industries Durg are not as per drawing and design of ISI norms and the materials supplied by them were sub standard and low quality which has caused loss to the tune of Rs.24.00 lacs to the State Exchequer. It is also case of the prosecution that during investigation, Assistant Engineer, Public Health Department has conducted enquiry wherein he found that sub standard materials, poor quality materials have been purchased by the appellants from SK Steel and Mechanical Industries despite being an expert on the subject, misusing their official position, hatched conspiracy and caused huge loss to the State, therefore, they have committed a crime. Further prosecution case as reflected from the charge sheet filed by the prosecution bearing charge sheet No. 20/99 is as under:-