BALAK RAM NEGI Vs. STATE OF H.P.

JUDGEMENT

(1.) AS all the above titled three appeals arise out of a single judgment/order dated 24.9.2001/12. 10.2001, rendered by the learned Special Judge (Forest), Shimla, Himachal Pradesh in Corruption Case No. 18 -S/7 of 93/89, titled State of Himachal Pradesh Versus Smt. Shakuntla Kochhar and others, these are being disposed of by this common judgment. As many as ten accused, namely, M.L. Kochhar, B.L. Kochhar, Adarsh Mohan, Smt. Shakuntla Kochhar (A -1); Bhau Singh (A -2); Kahana Singh (A -3); Balak Ram Negi (A -4); J.K. Sharma, Prith Pal Singh and Gian Chand Sharma (A -5), were charge sheeted for commission of offences under Sections 465, 467, 468, 471, 420, 218, 167, 447 and 120B of the Indian Penal Code (in short 'IPC '), Section 81 of the Indian Registration Act (for short 'Registration Act ') and Section 5(2) of the Prevention of Corruption Act, 1947 ( 'PC Act '). However, consequent upon death of accused M.L. Kochhar, B.L. Kochhar, Adarsh Mohan and Prith Pal Singh during pendency of the trial, the case against them stood abated. The proceedings against accused J.K. Sharma stood quashed, pursuant to the judgment dated 21.6.1994, passed by this court in Cr. M.P. (M) No. 925 of 1992. Hence, his name was deleted from the array of the accused.

(2.) FOR the sake of convenience the accused before the learned Trial Court, including the appellants (convicts), shall hereinafter be referred to as such and denoted as A -1, A -2 so on and so forth, respectively.

(3.) A -2 to A -4, namely, Bhau Singh Chauhan, Kahana Singh and Balak Ram Negi, were convicted under Sections 120B, 218, 468, 471 and 420 IPC and Section 5(2) of the PC Act and sentenced as under: - (i) rigorous imprisonment for one year and to pay a fine of Rs. 1000/ - and in default of payment of fine to undergo further simple imprisonment for a period of 3 months under Section 120B of the Indian Penal Code. (ii) imprisonment for one year under Section 218 of the Indian Penal Code; (iii) rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/ - and in default of payment of fine, to further undergo simple imprisonment for a period of six months offence under Section 420 of the Indian Penal Code; (iv) rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/ - and in default of payment of fine to undergo further simple imprisonment for a period of six months offence under Section 468 of the Indian Penal Code; (v) rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 1000/ - and in default of payment of fine to further undergo simple imprisonment for a period of 6 months offence under Section 471 IPC; and (vi) rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 1000/ - and in default of payment of fine to further undergo simple imprisonment for a period of 6 months offence under Section 5(2) of the Prevention of Corruption Act, 1947.