PARMA NAND VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Parma Nand aged 33 years was tried by the Special Judge (District Judge) Simla, for offences under Sections 409 and 477A of the Indian Penal Code read with Section 5(2) of the Prevention of Corruption Act, under four cases Nos. 12-S/7 of 1969, 10-S/7 of 1969, 9-S/7 of 1969 and 8-S/7 of 1969. Each of these cases has ended in conviction of the Appellant for offences under Section 409 read with Section 5(2) of the Prevention of Corruption Act and he has been sentenced to undergo one year's rigorous imprisonment for the offence under Section 5(2) of the Prevention of Corruption Act and to a fine of Rs. 200 and in the alternative to one year's rigorous imprisonment and to a fine of Rs. 200 for the offence under Section 409 of the Indian Penal Code. In default of payment of fine the Appellant has been directed to undergo one month's further rigorous imprisonment. Learned Special Judge has directed that the sentence of imprisonment awarded to the Appellant in each of these cases both under the Prevention of Corruption Act and alternatively under Section 409 of the Indian Penal Code shall run concurrently to one another. The Appellant has, however, been acquitted by the learned Judge for the offences under Section 477-A of the Indian Penal Code.

(2.) Appellant has come up in appeal against his conviction and sentences in each of these cases and his appeals are numbered as Criminal Appeals Nos. 15 of 1971, 18 of 1971, 19 of 1971 and 20 of 1971, respectively. These are connected appeals and they are being disposed of by a single judgment.

(3.) In Corruption Case No. 12-S/7 of 1969 the various charges against the Appellant related to a sum of Rs. 149.25 which he was alleged to have embezzled as a public servant during the period 8-10-1964 to 14-6-1965 when he was posted as cashier in the office of the Director of Welfare Department, Himachal Pradesh, Simla and to have forged the cash book's entries for concealing the said embezzlement.