SUSHIL KUMAR MISRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Three accused persons namely, S. K. Misra, Ibaruddin Ahmt, and Md. Ishaque were booked for trial under sections 120 B and 409 I.P.C. and under section 5(2) read with section 5(1) (c) of the Prevention of Corruption Act before learned Special Judge, Gauhati. By the impugned judgment and order the learned trial Judge found accused ibaruddin Ahmed and Md. Ishaque not guilty and acquitted them of the charges. The learned Special Judge found accused S. K. Misra guilty under section 409 I.P.C. and under section 5 (2) read with section 5(1) (c) of the Prevention of Corruption Act and convicted him accordingly and sentenced him to R.I. for six months and a fine of Rs. 1,000.00 under each sections. The sentences were to run concurrently. Hence this appeal by accused S. K. Misra.

(2.) The facts of the case are that the three accused persons who are admittedly employees of the Oil and Natural Gas Commission entered into a criminal conspiracy to criminally misappropriate one barrel of HD-30 and one barrel of HD-40 oil by not delivering the said two barrels at the working sites of the ONGC at Galeky and Lakwa. It is admitted that the accused-Misra of 15.1 75 received one barrel of HD-30 oil to be delivered at Production Testing-Lakwa and on 21.1.75 received the other barrel of oil for delivery at Production Testing, Galeky. It is also not disputed that the said two barrels were carried on the above mentioned dates by Truck No. ASW 2724 driven by accused Md. Ishaque and that the other accused also accompanied the truck. According to prosecution the said two barrels were not delivered and hence the prosecution. Accused-Misra has taken the specific plea that though normally they get indents for materials from different working sites but in case of emergency he was required even on verbal orders from the in-charge of the sites to raise indents himself and arrange delivery of the required materials. According to him on verbal instructions he lifted the two barrels and delivered them at Testing Lakwa site and Testing Galeky site. The learned trial Judge disbelieved the story of delivery and hence the appellant was convicted.

(3.) Relying on the decision of the Apex Court, in Pabitar Singh Vs. State of Bihar, AIR 1972 SC 1988 Mr. Choudhury, learned counsel for the appellant has urged that as the appellant is an employee of the ONGC if he is convicted he not only loose his liberty but also his service and as such great care and attention should be devoted to all questions of law and fact in coming to the finding. There is no dispute on this point as Court has to be cautious in such a case.