BANWAR LAL LODHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This common judgment shall dispose of two criminal appeals, i.e. Crl.A. No. 335-SB of 1997 and Crl.A. No. 338-SB of 1997, both having arisen out of a single judgment dated 7.4.1997 passed by Special Judge, CBI, Patiala (Punjab) (hereinafter referred as "Trial Court"). However, the facts are being taken from Crl.A. No. 335-SB of 1997.

(2.) There were two accused before the learned Trial Court i.e. the Special Judge, CBI, Patiala and they both were held guilty for the offences punishable under Section 120-B read with Section 420 and Section 420 of the Indian Penal Code. In addition, accused-Appellant B.R. Sharma was also convicted under Section 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred as "the Act"). Both Appellants were sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/- each under Section 120B read with Section 420 of the Indian Penal Code, and in default of payment of fine, to further undergo rigorous imprisonment for one month. They were also sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5,000/- under Section 420 of the Indian Penal Code and in default of payment of fine, to further undergo rigorous imprisonment for three months. Accused-Appellant B. R. Sharma was also sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/-, and in default thereof, to further undergo rigorous imprisonment for three months under Section 13(i)(d) read with Section 13(2) of the Act.

(3.) Separate appeals were preferred by each of the accused-Appellant. Crl. Appeal No. 335-SB of 1997 was preferred by Appellant Banwar Lal Lodha, whereas Crl. Appeal No. 338-SB of 1997 was preferred by Appellant B.R. Sharma.