DHANESWAR PAIKRAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two appeals are analogous to each other and since they arise out of one common judgment, they are taken together for hearing and are disposed of by the following common judgment.

(2.) DURING the year 1984 -85 Appellant Debendra Narayan Giri (Appellant in Criminal Appeal No. 185 of 2000) was the B.D.O., Appellant -Dhaneswar Paikray (in Criminal Appeal No. 184 of 2000) was the Junior Engineer and Appellant -Surendra Kumar Satapathy (in Criminal Appeal No. 185 of 2000) was the Fishery Extension Officer of Naktideul Block in the district of Sambalpur. They were put to trial for commission of criminal misconduct as defined Under Section 5(1)(c) of the Prevention of Corruption Act, 1947, criminal breach of trust Under Section , I.P.C. in respect of Rs. 1,21,297.50 and falsification of account as set out in Section 477A, I.P.C. in furtherance of their common intention.

(3.) THE accusations led to the trial briefly stated are that in the year 1980 the Government of Orissa launched ERRP programme for up -liftment of financial condition of the rural people, which includes tank fishery programme. It was decided to take up 25 numbers of tanks in the entire Naktideul Block under the scheme and to select the beneficiaries for the purpose through village committee. In order to implement this scheme, the B.D.O., Debendra Narayan Giri directed the Junior Engineer, Dhaneswar Paikray to prepare the plan and estimate for renovation of tanks and put the same before him. Accordingly, the Junior Engineer prepared the estimates in respect of 25 tanks of the block and placed before the B.D.O. who approved the same and directed the Fishery Extension Officer for its execution.