BAL MUKUND AHIRWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE judgment passed in this is appeal shall also govern the disposal of connected Criminal Appeal No. 404/2002 (Yagya Dull Nigam v. Special Police Establishment, Lok Ayukt, Bhopal).

(2.) FEELING aggrieved by the judgment of conviction and order of sentence dated 27.8.2002 passed by the learned Special Judge and First Additional Sessions Judge, Gwalior, in Special Case No. 15/1996 convicting Appellants for the charges punishable under Section 409, IPC and Sections 13(1)(c), 13(2) of the Prevention of Corruption Act, 1988 (in short the "Act") and thereby sentencing them to suffer imprisonment of two years RI and fine Rs. 1,000/ - (on both the counts), in default further imprisonment of three months RI with a further stipulation that both the sentences shall run concurrently, the Appellants have filed this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(3.) IT is the further case of prosecution that Sub -Engineer B.M. Ahirwar -Appellant directed to bung 100 drums of bitumen from Noorabad Rest I louse. On 8.4.1990, 50 drums and on 9.4.1990, 35 drums, total 85 drums of bitumen, were brought by said Laxminarayan Sharma. Yagya Dutt Nigam (Appellant of connected Criminal Appeal No. 404/02) was serving on the post of Sub -Divisional Officer in Public Works Department, Appellant Bahnukund Ahirwar and Haresh Goyal (acquitted co -accused) were serving on the post of Sub -Engineer and accused R.S. Sisodiya (died during trial) was serving on the post of Store Keeper at the relevant point of time. An entry of the bitumen drums, which were brought from Shivpuri was made in the Inward Register on 28.4.1990 by Store Keeper Incharge R.S. Sisodiya (who had died during the trial) and the relevant entry to issue the said bitumen was shown in the issue register. There is an endorsement in the issue register regarding receiving of the bitumen by the contractor which was certified by Sub -Divisional Officer Yagya Dutt Nigam (Appellant of connected Criminal Appeal No. 404/02). But, indeed on 26.4.1990 only 22 drums of bitumen were received in Kuleth Hot Mix Plant. Similarly, only 35 drums of bitumen were sent to the plant which were picked up from Noorabad Rest House. Hence, according to the prosecution, in total 128 drums of the bitumen were misappropriated by the contractor and the above said officers.