SATISH KUMAR ARORA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS appeal by Mr. Satish Kumar Arora (since deceased and represented by his legal representatives) is directed against the impugned judgment dated 30th May 2008 passed by the learned Special Judge, Delhi in CC No. 44 of 2003 holding him guilty of the offence under Section 120 -B IPC read with Section 7, 13 (2), 13 (1) (d) of the Prevention of Corruption Act, 1988 ('PC Act') and the order on sentence dated 31st May 2008 sentencing the Appellant to undergo one year's rigorous imprisonment ('RI') and to pay a fine of Rs. 2,000, and in default to undergo simple imprisonment ('SI') for seven days for the offence under Section 120 -B IPC, and to undergo RI for one and half years and to pay a fine of Rs. 3,000, and in default to undergo SI for seven days for the offence under Section 7 of the PC Act, and to undergo RI for a period of two years and to pay fine of Rs. 5,000, and in default of payment of the fine to further undergo SI for seven days for the offence under Section 13 (2) of the PC Act.

(2.) BY an order dated 16th June 2008, this Court suspended the sentences awarded to the Appellant during the pendency of the appeal. Subsequently, the Appellant expired on 3rd April 2011 and his legal representatives were brought on record by an order dated 15th July 2011. The Appellant faced trial along with the co -accused, Mr. Hari Kishan Pal and Mr. Jai Bhagwan. Mr. Hari Kishan Pal had expired during the trial and the proceedings against him abated by an order dated 18th March 2008. Mr. Jai Bhagwan was convicted and sentenced by the same impugned judgment and order on sentence. However, it is not known whether he has preferred any appeal.

(3.) THE genesis of the case was a written complaint (Ex.PW -3/DA) purportedly submitted by approximately 30 agents to the Regional Director, NSO on 6th May 1999. The precise contents of the said complaint read as under: