LALCHAND TOPANDAS WADHWANI Vs. STATE

JUDGEMENT

(1.) THE appellant in Criminal Appeal No. 100 of 1955 filed this appeal against his conviction under Section 165, Penal Code and sentence to a fine of Rs. 600/-, in default to undergo rigorous imprisonment for 3 months, by the judgment of the Special Judge, Puri. The Criminal Revision was filed by the State for enhancement of the sentence.

(2.) THE Investigating Officer, the Deputy Superintendent of Police. Special Police Establishment. Puri filed a charge sheet against the appellant that the appellant committed an offence of criminal misconduct under Section 5 (i) (d), Prevention of Corruption Act (Act 2 of 1947), punishable under Clause (2) of the said section. The Investigating Officer alleged that during Investigation of Crime No. 5 of 1952 which was a complaint against the accused of having committed criminal conspiracy, cheating and attempt to cheat in connection with contract and payments taken by a contractor for excavation of certain reaches in Dudbhaga distributory, it came to light that the accused L. T. Wadhwani when employed as an Executive Engineer in Canal Division No. 1 of the Hirakud Dam Project between 1-1-51 to 1-3-51 issued invitations to nearly all contractors who had taken contract works in his division for participating in the marriage function of his daughter Kalan which was being held at Rajkot on 16-251; that it was found out on investigation that in consequence of these invitations contractors either gave costly presents to the accused before he started from his headquarters to join the marriage function of his daughter or after he left, they sent valuable presents consisting of sarees and gold ornaments to his address at the place where the marriage was to be held; that two such instances which were traced with evidence are, -- (1) sending of a saree costing Rs. 73/-and 2 gold sovereigns costing Rs. 160/-by contractor B. C. Mohanty by registered parcel on 12-2-51, and (2) a gold necklace worth Rs. 450/to Rs. 5007- sent in the name of Satyabati, sister of the contractor Harbansalala Rowley of Bargarh by registered parcel on 13-2-51; and that all these valuable presents having been obtained by the accused from persons who were executing contract works under his official authority and were therefore persons having connection with his official functions, the accused committed an offence under Section 5 (i) (d) of Act of 1947.

(3.) THE Special Judge, on this information and the evidence adduced, framed two charges against the appellant --one under Section 5 (2) of the Prevention of Corruption Act and the other under Section 165, Penal Code.