LAMBODAR PUJARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants Lambodar Pujari (CRLA No. 32 of 2009), Kalakar Mohanty (CRLA No. 54 of 2009) and Prafulla Chandra Patra (CRLA No. 55 of 2009) along with co-accused Gupteswar Patnaik and Abhimanyu Mahakud faced trial in the Court of learned Special Judge, Vigilance, Jeypore in G.R. Case No.28 of 1989(V) / T.R. Case No. 113 of 2007 for offences punishable under section 5(2) read with section 5(1)(c) of the Prevention of Corruption Act, 1947 (hereafter '1947 Act') and sections 467 / 34 , 471 / 34 and 477-A / 34 of the Indian Penal Code. The learned Trial Court vide impugned judgment and order dated 17.01.2009 though acquitted the co-accused Gupteswar Patnaik and Abhimanyu Mahakud of all the charges but found the appellants guilty of the offences charged and sentenced each of them to undergo R.I. for two years and to pay a fine of Rs.2,000/- each, in default, to undergo further R.I. for one month each for the offence under section 5(2) read with section 5(1)(c) of the 1947 Act; R.I. for three years and to pay a fine of Rs.3,000/- each, in default, to undergo R.I. for two months on each count for the offence under sections 467 / 471 of the Indian Penal Code and R.I. for two years and to pay a fine of Rs.2000/- each, in default, to undergo R.I. for one month each under section 477-A of the Indian Penal Code. The substantive sentences were directed to run concurrently.

(2.) The prosecution case, in short, is that during vigilance enquiry, it transpired that C.D. & R.R. Department of Govt. of Orissa had sanctioned money in 1985 under the Rural Labour Employment Guarantee Programme (in short 'RLEGP') scheme for execution of rehabilitation and restocking of degraded forest work in undivided Koraput district. The appellant Kalakar Mohanty was working as Range Officer, Nabarangpur and he received Govt. funds in advance from D.F.O., Nabarangpur from time to time for execution of restocking of degraded forest works over 385 hectares of land at Pujariguda, Jamuguda and Palapur. He executed trench digging, gap plantation, forest cleaning works through other accused persons and paid wages to the labourers in shape of money, rice and wheat by preparing muster rolls and vouchers. It is the further prosecution case that the appellants and others dishonestly misappropriated Govt. money creating fake documents and falsifying accounts. Debadatta Patnaik (P.W.22), Sub-Inspector of Vigilance, Nabarangpur presented a written report (Ext.50) before the Superintendent of Police, Vigilance, Berhampur Division, Berhampur alleging misappropriation of an amount of Rs.2,86,838.90 paise by the accused persons by executing less work and preparing false vouchers and muster rolls in the work relating to rehabilitation and restoration of degraded forest in Nabarangpur District during 1985-86, on the basis of which Berhampur Vigilance P.S. Case No. 28 dated 03.11.1989 was registered under section 13(2) read with section 13(1)(c) of the Prevention of corruption Act, 1988 (hereafter '1988 Act') and sections 467 / 471 / 477-A / 34 of the Indian Penal Code. During course of investigation, physical measurements of trench works were taken up at Pujariguda, Jamuguda, Palpur. Several connected documents were seized and specimen left thumb impressions of the accused persons and others were collected and were sent to State Finger Print Bureau, Bhubaneswar along with disputed vouchers for examination and opinion. After receipt of the opinion of Finger Print Bureau, the Investigating Officer produced the same along with other relevant documents before the sanctioning authorities and discussed with them and obtained sanction orders for launching prosecution against the appellants and other co-accused persons. On completion of investigation, charge sheet was placed against the appellants and other co-accused persons on 09.01.1995 under section 5(2) read with section 5(1)(c) of the 1947 Act and sections 467 / 471 / 477-A / 34 of the Indian Penal Code.

(3.) In order to prove its case, the prosecution examined twenty two witnesses.