JALESWAR DHAR Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the conviction and sentence dated 27 -2 -1982 passed by Sri R.N. Panda, (Vigilance), Sambalpur in T. R. Case No. 11/1981 convicting the Appellant Under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act Under Section 409, I.P.C. and sentencing him to undergo R.I. for 3 months and to pay a fine of Rs. 2,200/ -, in default to undergo R. I. for 3 months for the offence Under Section 5(1)(c). read with Section 5(2) of the Prevention of Corruption Act. However, no substantive sentence for the offence Under Section 409, I.P.C. has been imposed on the Appellant.

(2.) AS there in discrepancy between the F. I. R. version and the charge sheet and misdirection in the charge, I am bound to stick to the F. I. R. version.

(3.) ALTHOUGH the F. I. R. is confined only to 80 bags of cement and the documents referred to in the F. I. R. also relate to 80 bags of cement, surprisingly in the charge sheet there is allegation that the accused misappropriated 320 bags of cement. Unfortunately, learned Special Judge also framed charge as if the accused -Appellant misappropriated 320 bags of cement. The investigation appears to have been misdirected. Similarly, the learned Special Judge also appears to have misdirected himself at the time of framing the charge.