P.D. SHARMA Vs. STATE OF UTTRANCHAL

JUDGEMENT

(1.) SINCE both the criminal appeals, have been filed against the same judgment, therefore, for the sake of convenience, both these appeals were heard together and are being decided by this common judgment. Both the appeals have been filed against the judgment and order dated 19 -10 -2002, whereby the accused/appellant P.D. Sharma has been convicted under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act 1988, and was sentenced to undergo two years R.I. and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo six months R.I. Accused/appellant P.D. Sharma, was also held guilty U/S 467 I.P.C. and was sentenced to undergo three years R.I. and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo six months R.I. He was also held guilty U/S 468 I.P.C. and was sentenced to undergo two years R.I. and to pay a fine of Rs. 2,000/ - and in default of payment of fine to further under one month's R.I.

(2.) ACCUSED /appellant Bijendra Singh was held guilty U/S 420 I.P.C. and he was sentenced to undergo five years R.I. and to pay a fine of Rs. 20,000/ - and in default of payment of fine to further undergo six months R.I. Accused/appellant Bijendra Singh was also held guilty U/S 471 I.P.C. and was sentenced to undergo three years R.I. and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo three months R.I. However, the sentences awarded to both the accused/appellants were directed to run concurrently.

(3.) THE Superintendent of C.B.I. entrusted the investigation to Inspector Sri R.K. Verma. The investigating officer seized 18 documents from the Punjab National Bank and prepared seizure memo Ext. Ka.27. He also seized some other documents and prepared seizure memo Ext. Ka.28. Counter -foil, in original was also seized and seizure memo Ext. Ka. 29 was prepared. During investigation the investigation officer also obtained the specimen signatures of accused P.D. Sharma and Bijendra Singh. Specimen signatures and writing of accused P.D.Sharma, Ext. Ka. 30/1 to Ka -30/128, were obtained jointly, whereas specimen signatures and writing of another accused Bijendra Singh Ext. Ka.31/1 to Ka -31/86 were also taken jointly. The investigating officer also obtained the specimen signatures of some other persons. The disputed documents as well as the specimen writings and signatures were sent to Handwriting Expert through letter Ext. Ka.23. The report of Handwriting Expert was obtained, which is Ext. Ka.23. The I.O. also obtained sanction Ext. Ka.1 to prosecute the accused P.D. Sharma. After completion of the investigation the I.O. has submitted charge sheet Ext. Ka.35 against the accused persons U/Ss 120B, 467, 468, 471 I.P.C. and U/S 13(2) read with Section 13(1)(d) of Prevention of corruption Act, and forwarded the charge sheet to the court.