DEEPAK KUMAR S/O LATE O.P. GUPTA R/O 186/2, SAKET PURVI AMBER TALAB ROORKEE, DISTRICT HARIDWAR Vs. STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND)

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 10 -5 -2001 passed by Special Judge, Anti -Corruption, Dehradun in C.B.I. Case No.02/1996, whereby said court has convicted the accused/appellant Deepak Kumar under section 120 -B of I.P.C. read with section 420, 467, 468, 471 I.P.C. and under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988. Accused/appellant has been sentenced to rigorous imprisonment for a period of one year and directed to pay fine of Rs. 5,000/ - u/s 120 -B of I.P.C. r/w section 420, 467, 468, 471 I.P.C. and section 13(2) r/w section 13(1)(d) of the Prevention of Corruption Act, 1988, rigorous imprisonment for a period of one year and directed to pay fine of Rs. 5,000/ - u/s 420 I.P.C., and rigorous imprisonment for a period of one year and directed to pay fine of Rs. 5,000/ - u/s 467 r/w 471 I.P.C., by the trial court.

(2.) HEARD learned counsel for the appellant and the learned counsel for the C.B.I., and perused the lower court record.

(3.) THE trial court, after giving necessary copies to the accused, as required u/s 207 of Cr.P.C., and after hearing the parties, framed charge of offences punishable u/s 120 -B I.P.C. r/w 420, 467, 468, 471 I.P.C. and section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, u/s 420 I.P.C, and u/s 467 r/w 471 I.P.C., to which he pleaded not guilty and claimed to be tried. (Separate charge was framed against main accused P.K. Jain, who also pleaded not guilty and claimed to be tried). On this, prosecution got examined P.W.1 V. Nagraja, the then Zonal Manager of Punjab National Bank, P.W.2 A.S. Arora, the then Senior Manager of the Bank, Branch B.T. Ganj, P.W.3 Y.R. Sharma, Chief Manager of the Bank, P.W.4 Sri Chand Samtani, Assistant Manager of the Bank, Branch B.T. Ganj, P.W.5 M.L. Gupta, Branch Manager, Branch Niranjanpur, P.W.6 Anil Kumar Gupta, Branch Manager of Roorkee Branch of the Bank, P.W.7 Rishal Singh, Cashier of the Bank, P.W.8 Pankaj Kumar Saini, a shopkeeper, P.W.9 Smt. Reena Agarwal, Clerk of the Bank, P.W.10 Bheem Bahadur, Head Cashier, P.W.11 Kripal Singh Buddhi Raja, Branch Manager, Gordhanpur, P.W.12 Dr. S.C. Mittal, Forensic Expert, P.W.13 Ashok Kumar, a shopkeeper, P.W.14 Smt. Raj Jain, landlady of accused P.K. Jain, P.W.15 Karan Singh, Daftari of the Bank, P.W.16 Chuni Lal Sethi, a shopkeeper, P.W.17 Dharampal, another clerk of the Bank, P.W.18 Sanjay Kumar Gupta, yet another clerk of the Bank/Cashier, P.W.19 Narendra Kumar Katariya, also Cashier of the Bank, P.W.20 Pankaj Kumar Gupta, a shopkeeper, P.W.21 Rajeev Rana, Officer of the Punjab National Bank, Branch Niranjanpur, P.W.22 Surendra Kumar, Head of Anaj Mandi and P.W.23 Rajesh Chehal of Central Bureau of Investigation.