S.M.KATWAL Vs. STATE OF H.P.

JUDGEMENT

(1.) By means of this judgment, two appeals, one filed by convict S.M. Katwal, which is Criminal Appeal No. 3 of 2006, and the other filed by State of H.P. for enhancement of punishment, i.e. Criminal Appeal No. 277 of 2006, are being disposed of, as both of them arise out of the same judgment, i.e. judgment dated 31.12.2005, of learned Special Jude, Hamirpur.

(2.) Appeal No. 3 of 2006 has been filed by S.M. Katwal, hereinafter referred to as accused. He has challenged his conviction for offences, under Section 13(2) of the Prevention of Corruption Act and Sections 218, 465, 467, 468 and 471 IPC and also the sentences of three years rigorous imprisonment and fine of 10,000/, for offence under Section 13(2) of Prevention of Corruption Act and rigorous imprisonment for one year and fine of 1000/- for each of the remaining offences. Cr. Appeal No. 277 of 2006 has been filed by the State for enhancement of punishment for all the offences of which accused S.M. Katwal has been convicted.

(3.) Case of the prosecution, per evidence adduced during the course of trial is like this. Accused S.M. Katwal was appointed as Chairman of Subordinate Services Selection Board (for short Board) in the year 1999. Main function of the Board was to select subordinate staff for appointment in various departments of the Government of H.P. In the year 2000, there were 214 vacancies of Vidya Upasaks (a category of teachers), which were to be filled from amongst the residents of Karsog Sub Division in Mandi District. Posts were advertised. There were more than three thousand candidates for those 214 posts. The Board, probably for the convenience of the candidates, conducted the written test as also the viva-voce test at the headquarters of Karsog Sub Division itself. Initially, a written test was conducted and after the answer sheets had been evaluated, viva-voce test was held from 23.6.2000 to 27.6.2000. Lists, indicating the names, marks obtained in written test and marks obtained in viva-voce test were prepared, which are Exts. P-97 to P-100, Exts. P-102 to 105, Exts. P-107 to 111, Exts. 113 to 116, Exts. 118 to 121, Ext. P-123, Exts. P-125 to 128, Exts. 130 to 132, Exts. 134 to 137 and Exts. 138 to 145. Proceedings of selection were also drawn, on conclusion of viva voce test & such proceeding on the basis of those lists, consisting of eight sheets, are Ext. P-138 to P-145.