G L CHAWLA Vs. STATE CBI

JUDGEMENT

(1.) These appeals arise out of a common impugned judgment dated 4 th March, 1994 whereby the Appellants were convicted for offences punishable under Section 120B, read with Section 420 IPC and Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947 (in short the POC Act?) and for substantive offences punishable under Section 420 IPC and under Section 5(2) read with Section 5 (1) (d) of the POC Act and the order on sentence dated 4 th April, 1994 whereby they were directed to undergo Rigorous Imprisonment for six months and a fine of 50,000/- and in default of payment of fine to further undergo Simple Imprisonment for six months for offence punishable under Section 120B read with Section 420 IPC and 5 (2) read with Section 5 (1) (d) of the POC Act; Rigorous Imprisonment for six months and a fine of 50,000 each and in default of payment of fine to further undergo simple imprisonment for six months for offence punishable under Section 420 IPC and RI for one year and a fine of 1 lakh each and in default of payment of fine further simple imprisonment for one year for offence punishable under Section5 (2) read with Section 5 (1) (d) of the POC Act in Complaint case No. 64/1991.

(2.) Along with the Appellants one Shri S.K. Gambhir, Assistant Divisional Engineer was also convicted however, the appeal being Crl. Appeal No. 85/94 filed by him has abated as he expired during the pendency of the appeal.

(3.) Briefly the prosecution case is that during March, 1974 to August, 1974, Shri M.K. Ghosh-Divisional Engineer (Telephones), Shri S.K. Gambhir-Assistant Divisional Engineer (Telephone), Shri G.L.Ghawla and Shri Inder Singh-Technicians were working in the Equipments Installation Division, Delhi Telephones, New Delhi. While working as above they entered into a criminal conspiracy with the object to commit the offences of cheating and criminal misconduct by abusing their position as public servants. In pursuance of the said criminal conspiracy, the said Shri S.K. Gambhir prepared 13 unauthorized indents (Ex. PA, Ex. PB, Ex. PC, Ex. PD, Ex. PE, Ex. PF, Ex. PG and Ex. PH-1, Ex. PH-2, Ex. PH-3, Ex. PH-4, Ex. PH-5, and Ex. PH-6) for the supply of underground cables, quoting the numbers of certain sanctioned estimates and also recorded certificates thereon to the effect that the funds were available and that the estimates had been sanctioned by the competent authority and signed the same as Indenting Officer. There was no provision of underground telephone cables in those estimates. Further in pursuance of the aforesaid criminal conspiracy Shri M.K. Ghosh approved/counter signed all the aforesaid 13 unauthorized indents prepared by Shri Gambhir.