S. M. GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment or conviction and order of sentence dated 21-10-1997 passed by the II Additional Sessions Judge, Bilaspur in Special Criminal Case No. 4/88 convicting the accused/appellant under Sections 409, 420 of Penal Code and 5(1)(d) read with Sec. 5(2) of Prevention of Corruption Act. He has been sentenced to undergo RI for three years, fine of Rs. 1000.00, RI for three years, fine of Rs. 1000.00, RI for two years, fine of Rs. 500.00 and RI for one year, fine of Rs. 1000.00 with default stipulations respectively.

(2.) As per prosecution case, at the relevant time the appellant S. M. Gupta was working as Assistant Engineer in the State Electricity Board. Under the supervision of M.P. Electricity Board, Construction Division, (E.H.T.), Bilaspur the work of laying down of new electric line at Rajnandgaon, Bhilai, Simga, Akaltara, Korba and Dallirajhara was going on. The said work was being carried out by the workers on the basis of muster roll. A complaint was received by the police from secret sources that for carrying out the said work, apart from irregularities, a lot of bungling has been done where forged entries in the muster roll have been made, muster rolls are not being made in the office by Shri S. S. Prasad, appellant S. M. Gupta, both Assitant Engineers, with the connivance of other accused persons namely Shri A. Annamalai (Fourman) and Shri B. S. Bais (Store Assistant). It was further averred in the complaint that the appellant with the help of co-accused persons is making entry in the muster roll sitting at Bilaspur and while doing so, even the name of those persons are being mentioned who have either not worked or not in existence. Further, while payment is shown to have been made to these persons, in fact either no such payments has been made or actual payments has been made only for a week whereas in the muster roll it has been shown that throughout the month they have worked and payment has been made accordingly. After receiving the secret information, a detailed letter was written by the Inspector Shri M. K. Heeradhar (PW-34) to the Superintendent of Police, Lokayukt vide Ex. P/33, based on which Dehati Nalishi was recorded. In the said letter it has been averred that the facts can be verified after reaching the places where payment is being made. Accordingly, on 11-5-1980 the Police of Special Establishment, Bhopal reached near railway crossing, Rajnandgaon, and Muster Roll No. 924 was examined and it was found that forged entries have been made in the same, excessive payment has been shown in it whereas actually very less amount has been paid on the laboures as they have worked only for few days. At the spot itself, offence under Sections 468, 420, 409 of Penal Code and Sections 5(1)(d) and 5(2) of Prevention of Corruption Act was registered and investigation was set in motion. The muster rolls which were in possession of the appellant were examined, however, the appellant could not be traced from 11-5-1980 to 14-5-1980. Information was given to the police authorities by the Divisional Engineer that on 15-5-1980 the appellant is likely to go to Bhilai for making payment to the labourers, on which the police party reached there and directed for seizure of muster rolls, Muster Roll Nos. 917, 918, 919, 921 and 922 were examined and it was found that though payment has been made to the labourers but proper entries have not been made in the muster rolls. Statements of various labourers were recorded wherein they disclosed that though they have worked for hardly few days, they have been made excessive payment and therefore, some of them have returned the amount paid in excess to them. All these details are part of Dehati Nalishi Ex. P/33. During investigation, it was found that the accused persons in connivance with each other have grabbed a huge amount. Thereafter, FIR (Ex. P/34) was registered under Sections 409, 420, 468 of Penal Code and Sections 5(1)(d) and 5(2) of Prevention of Corruption Act against the appellant and other accused persons. After obtaining due sanctions, the accused persons were put to trial. The trial Court framed charges against all the three accused persons namely S. M. Gupta, A. Annamalai and B. S. Bai under Sections 409, 420, 468 of Penal Code and Sections 5(1)(d) and 5(2) of Prevention of Corruption Act.

(3.) So as to hold the accused persons guilty, the prosecution examined as many as 44 witnesses. Statements of the accused persons were also recorded under Sec. 313 of Cr. P. C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.