AMAL KUMAR MAJUMDAR Vs. STATE

JUDGEMENT

(1.) In the instant criminal appeal the appellant challenged a Judgement and order dated July 16, 1985 passed by the Learned Judge, Second Special Court, Calcutta in connection with Special Case No. 5 of 1975 sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Rs. 4,000/- in default, to suffer rigorous imprisonment for three months for his conviction under Section 420 of the Indian Penal Code and the sentence to suffer rigorous imprisonment for one year and to pay a fine of Rs. 4,000/- in default to suffer rigorous imprisonment for 3 months for his conviction under Section 5 (2) read with Section 5 (1)(d) of the Prevention of Corruption Act, 1947.

(2.) The appellant was placed on trial in Special Case No. 5 of 1975 to answer a charge relating to an offence punishable under Section 420 of the Indian Penal Code and under Section 5 (1)(d) read with Section 5 (2) of the Prevention of Corruption Act, 1947.

(3.) By a judgement and order dated June 26, 1981 the Learned Trial Court convicted the appellant under Section 420 of the Indian Penal Code as well as under Section 5 (1)(d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced him to pay a fine of Rs. 8,500/- and in default, to suffer rigorous imprisonment for 6 months and further directed if fine is realised, a sum of Rs. 8,000/- be paid to the State Bank of India, Netaji Subhas Road Branch.