OM PRAKASH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri C.B. Pandey, learned counsel for the appellant and Shri Bireshwar Nath, learned counsel for the CBI.

(2.) INSTANT criminal appeal has been filed by the appellant - Om Prakash Mishra, son of Late G.P. Mishra challenging the judgment and order of conviction dated 16.3.2001 passed by the then Special Judge, Prevention of Corruption Act (West), U.P., Lucknow in Criminal Case No.2 of 1989 connected with R.C. No.66 of 1986 - Lucknow by which the appellant was convicted and sentenced to undergo 3 years RI and to pay fine of Rs.500 under Section 420 IPC and convicted and sentenced him to undergo 3 years RI and to pay fine of Rs.5000/ - each under Section 5 (2) read with Section 5 (1) (d)/Section 13 (2) of the Prevention of Corruption Act, 1947. On default of payment of fine, he was directed to undergo 1 year additional imprisonment.

(3.) ACCORDING to prosecution version, in brief, the appellant - Om Prakash Mishra was posted as Branch Manager in Gorakhpur Regional Gramin Banck, Branch Laxmipur, District Deoria. Vakil Singh was posted as Area Supervisor, Chandrika Prasad Mishra was posted as Village Development Officer, Block Ramkola, District Deoria responsible for village Khutti. The above three persons after conspiring with P.N. Gupta, the then Block Development Officer, and Rabbul Aalmeen, the then Assistant Block Development Officer (Minor Irrigation), received applications from Shri Bachchan son of Triveni, Jagdev son of Buddhu, Chhedi son of Shaukat, Gopi son of Ramdhani and Smt. Upami wife of Mohammad for obtaining loan regarding pumping set along with subsidy under I.R.D.P. Scheme. Om Prakash Mishra, without proper inquiry and verification, about their eligibility sanctioned the loan of Rs.6000/ - to each of them. No inquiry was made by Vakil Singh before or after sanction of loan. The then Assistant Development Officer (Minor Irrigation), Rabbul Aalmeen, the then Village Development Officer and Chandrika Prasad Mishra also did not inquire about the persons' eligibility of those persons. Forms were forwarded by Chandrika Prasad Mishra and Rabbul Aalmeen. It is the case of prosecution that none of the above applicants have ever applied for and obtained loan, and Smt. Upami had died earlier. Prosecution version further is that Om Prakash Mishra demanded subsidy for the above applicants under the said scheme. This was forwarded by the P.N. Gupta, Block Development Officer to D.R.D.A. Due to this, subsidy to the tune of Rs.1750/ - in the name of Bachchan, Rs.2333/ - in the name of Jagdev, Rs.1500/ - in the name of Chhedi, Rs.1750 in the name of Gopi, and Rs.2333/ - in the name of Smt. Upami was sanctioned, and that amount was adjusted by Om Prakash Mishra against their loan, and thus without paying subsidy to the alleged applicants, has used this amount of subsidy in the payment of loan. Om Prakash Mishra and Vakil Singh have not prepared the requisite documents, and even the documents were not found in their possession. The documents were found missing. No sanction to prosecute was given by the prosecution against P.N. Gupta and Rabbul Aalmeen, the then Assitant Development Officer (Minor Irrigation), hence after investigation charge sheet was submitted against Om Prakash Mishra, Vakil Singh and Chandrika Prasad Mishra only under Sections 120 -B, 420 IPC and Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947.