IQBAL AHMED SAEED Vs. STATE OF M P

JUDGEMENT

(1.) THE appeal has been preferred by the appellant feeling aggrieved by his conviction under section 420 of IPC whereby he has been sentenced to undergo R.I. for one year and fine of Rs. 1,000/- , in default of payment of fine to undergo six month's simple imprisonment, and under Section 5(1)(c)(d) read with Section 5(2) of Prevention of Corruption Act,1947 (hereinafter referred to as "the Act") sentencing him to undergo R.I. for one year and fine of Rs.1,000/-, in default of payment of fine to undergo six month's simple imprisonment, as per judgment rendered by 2nd Addl. Sessions Judge, Mandla, dt.5.4.95 in Special Case No.2/88.

(2.) IT is an admitted fact that appellant was posted as Block Development Officer (BDO) and Chief Executive Officer at Shahpura, District-Mandla and was a public servant from 25.03.1981 to 29.07.1981. IT is undisputed fact that co-accused Rajendra Tiwari @ Rajju Thekedar has been acquitted by the learned trial Court by the impugned judgment.

(3.) AFTER usual investigation, charge sheet was filed on 18.2.88 before Special Judge, Mandla and Special Case No.2/88 was registered against the appellant and co-accused. On 29.03.93, learned trial Judge framed charge under Section 420 and 120-B of IPC and Section 5(2) read with Section 5(1)(c)(d) of the Act. To substantiate its case prosecution examined Lahardas (PW.1) Head Constable, Narottam Lal Yadav (PW.2) Assistant Accountant, K.N.Tiwari (PW.3) the then Accountant, B.L.Sahu (PW.4) Bank Manager, U.S.Upadhyay (PW.5), witness of seizure of documents and register, Vinod Gupta (PW.6) seller of lime, Sarjoo Prasad (PW.7) and Saiyad Zamin (PW.8) contractors of lime, J.S. Mehta (PW.9) the then BDO from 1982 to 1986, B.K.Minz (PW.10) witness of sanction, Ravindra Kumar Roongta (PW.11) representative of Roongta Industrial Corporation, Shivprasad Soni (PW.12) transporter, Y.K.Tiwari (PW.13) Inspector (CID) and writer of FIR, S.K. Khare (PW.14) Mining Officer who issued the leases for mining of lime stone, K.K.Gupta (PW.15) the then BDO who worked from August 1981 to July,1982 and Girish Kumar Shukla (PW.16) Deputy Supdt. of Police ,Investigating Officer.