BALBIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) BY this judgment, three appeals, particulars whereof are given hereinabove, are being disposed of, because Appellants in all the three appeals, have been convicted and sentenced by the same judgment of the trial Court, i.e. judgment dated 28.6.2002, of learned Special Judge, Shimla.

(2.) APPELLANTS , Jai Lal Banstu and Balbir Singh, have been convicted of offences, under Sections 120 -B, 468, 471, 420 IPC and Rule 20 of the H.P. Forest Produce (Land Routes) Rules, 1978, while Appellants Nathu Singh and Subhash Chand, besides the aforesaid offences, have been convicted of offences, under Sections 218 IPC and Section 5(2) of the Prevention of Corruption Act, 1947. All the Appellants have been sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 500/ -, under Section 120 -B IPC, to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 1500/ -, under Section 420 IPC, to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 1500/ -, under Section 468 IPC, to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 1500/ -, under Section 471 IPC, to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 500/ -, under Rule 20 of the H.P. Forest Produce (Land Routes) Rules, 1978.

(3.) IN the year 1984, Vigilance Cell of the Railways conducted an inquiry and came to know that against permit Ex.PW -1/G, the number of which was 170/81 -82, as extended vide order Ex.PW -1/J and fresh permit Ex.PW -1/K, against 880 scants and 63 poles, 2288 scants/poles had been exported. On the basis of that Vigilance inquiry, a case was registered against Appellants Jai Lal Banstu and Balbir Singh, partners of M/S Jai Lal & Company, in whose favour the aforesaid permits had been issued, as also against Appellants Nathu Singh and Subhash Chand, Station Masters, Railway Station, Shogi under Sections 420, 468, 471, 218, 120 -B IPC, Section 5(2) of the Prevention of Corruption Act, 1947 and Rule 20 of the H.P. Forest Produce Transit (Land Routes) Rules, 1978. In addition to the four Appellants, two more persons, namely Om Parkash Sharma and Balram Parshad, Asstt. Station Masters, Shogi, had also been booked. Trial Court has, however, acquitted them, as no evidence was found against them. Appeal has not been filed by the State, challenging their acquittal.