LAWS(ALL)-2004-8-198

CHIRANJI SINGH Vs. STATE OF U P

Decided On August 11, 2004
CHIRANJI SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -In all these appeals, the parties are common and the subject matter is identical. Therefore, they are being decided simultaneously by this judgment. Only the accused Chiranji Singh, who is appellant in all the represented appeals as mentioned in the titles aforesaid, has been convicted. The remaining accused respondents Government Appeals have been acquitted excepting that Government Appeal No. 2171 of 1979 has been filed by the State against Chiranji Singh for enhancement of sentence relating to Special Case No. 3 of 1974.

(2.) THE punishments awarded to Chiranji Singh in Special Case No. 3 of 1974, 2 of 1974 and 3 of 1977 are detailed below : Special Case No. Appeal No. Sections Punishment awarded to Chiranji Singh 3 of 1974 1395 of 1979 218, I.P.C. 1-1/2 years R.I. 477A, I.P.C. 3 years R.I. 467, I.P.C. 3 years R.I. 467, I.P.C. read with Section 109, I.P.C. 3 years R.I. 468, I.P.C. 2 years R.I. 420, I.P.C. 3 years R.I. 5 (2) Prevention of Corruption Act 3 years R.I. with a fine of Rs. 16,000 and in default of payment of fine further R.I. for one year. All the sentences of imprisonment were ordered to run concurrently. 2 of 1974 1397 of 1979 218, I.P.C. 1-1/2 years R.I. 477A, I.P.C. 3 years R.I. 467, I.P.C. 3 years R.I. 467, I.P.C. read with Section 109, I.P.C. 3 years R.I. 468, I.P.C. 2 years R.I. 420, I.P.C. 3 years R.I. 5 (2) Prevention of Corruption Act 3 years R.I. and a fine of Rs. 8,000 and in default of payment of fine further R.I. for six months. All the sentences of imprisonment were ordered to run concurrently. 2 of 77 1396 of 1979 218, I.P.C. 1-1/2 years R.I. 477A, I.P.C. 3 years R.I. 467, I.P.C. read with Section 109, I.P.C. 3 years R.I. 468, I.P.C. 2 years R.I. 420, I.P.C. 3 years R.I. 5 (2) Prevention of Corruption Act 3 years R.I. and a fine of Rs. 4,000 in default of payment of fine further R.I. for three months. 3 of 77 1398 of 1979 218, I.P.C. 1-1/2 years R.I. 477A, I.P.C. 3 years R.I. 467, I.P.C. read with Section 109, I.P.C. 3 years R.I. 468, I.P.C. 2 years R.I. 420, I.P.C. 3 years R.I. 5 (2) Prevention of Corruption Act 3 years R.I. and a fine of Rs. 12,000 and in default of payment of fine, further R.I. for nine months. All the sentences of imprisonment were ordered to run concurrently.

(3.) FRAUD came to light when Sri Shanti Swarup Sharma, Deputy Superintendent of Police, on checking of the work of Motor Transport Section on the direction of the then S.P., Rampur, detected such false entries of supplying fuel during the months of January, February and March, 1970. The amounts involved in the special cases were as under : Case No. Amount involved Special Case No. 3 of 1974 Rs. 55,621.97 p. Special Case No. 2 of 1977 Rs. 14,990.61 p. Special Case No. 2 of 1974 Rs. 26,555.18 p. Special Case No. 3 of 1977 Rs. 30,485.75 p.