DHARAMBIR YADAV AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The above noted both the appeals have been taken up together for disposal since these emanate from one and the same judgment of conviction in order to avoid repetition and conflict of judgments.

(2.) The above noted CRA-S-1582-SB of 2008 has been preferred by appellants Dharambir Yadav and Jagdish, Lamberdar whereas above noted CRA-S-1636-SB of 2008 has been preferred by appellant Hanuman-Deedwriter, whereby assailing the judgment and order of sentence dated 9.8.2008 passed by the Court of learned Special Judge, Gurgaon in criminal case bearing FIR No.29 dated 7.11.2001, u/Ss 406, 420, 468, 471 read with Section 120-B of Indian Penal Code, 1860 (for short 'IPC' ) and Section 13 of Prevention of Corruption Act, 1988 (for short 'PC Act' ), Police Station SVB (H) Gurgaon vide which they were held guilty for the offences punishable u/Ss 420, 467 and 471 read with Section 120-B, IPC and sentenced thereunder, whereas they were acquitted of the remaining charges vide the impugned judgment.

(3.) The case of prosecution in brief as put forth before the learned trial Court was that K.J. Somaiya (Delhi) Trust (hereinafter referred to as 'the trust' ) presented an application before the then Chief Minister, Haryana for ordering suitable Administrative Vigilance inquiry against Dr.Dharambir Yadav, Ex. Minister for cheating 'the trust'. On the basis of this application, the inquiry bearing No.28 dated 4.9.2000 was conducted by Sh.K.K. Sandhu, the then Superintendent of Police, State Vigilance Intelligence Bureau, Gurgaon Division, Gurgaon. The allegation in the inquiry was that said Dharambir Yadav had entered into an agreement with 'the trust' for purchasing land for 'the trust'. For this purpose, he received Rs.1,09,35000/-, out of which he used only Rs.29,85,325/- for purchasing 11 acres of land in the name of 'the trust'. During inquiry, it was revealed that ''the trust'' had given the power of attorney to said Dharambir Yadav, Ex. Minister of Haryana after an agreement dated 26.6.1995 for the purpose above mentioned. Similarly, another agreement and power of attorney dated 19.6.1996 was executed in his favour by 'the trust' after some changing, when he (Dharambir Yadav) was holding post of MLA/Minister in the Haryana Government. He received the above-said sum of Rs.1,09,35000/- from 'the trust' on different dates through cash/cheques/drafts between the period w.e.f. 30.4.1995 to 31.3.1997. The remaining unutilized amount of Rs.79,49,675/- was grabbed by Dharambir Yadav by cheating 'the trust'.