DHARAM PAUL GROVER Vs. STATE OF H P

JUDGEMENT

(1.) These appeals, by the accused, arise out of the same judgment of the Special Judge (2) Shimla, in Sessions trial No. 12S/7 of 1985 decided on 16/12/1985/18/12/1985 by the same judgment. They being common are being taken up for decision together.

(2.) By this judgment, the accused have been convicted for offences under Sections 420, 120-B, and 477-A of the Indian Penal Code read with Section 5 (2) of the Prevention of Corruption Act. 1947 and have been sentenced to Rigorous Imprisonment for various terms in addition to fine and further imprisonments in case the same is not paid. The accused have a grievance against this judgment and, therefore, assail the same by these appeals.

(3.) The prosecution case, in brief, is that in the year 1978 accused Kartar Singh, a registered contractor in the Public Works Department was given a contract for the repairs of Government buildings in Tutikandi arid Nabha areas. He was to fix some down pipes, bends etc. by way of repairs in the Government Middle School, Tutikandi, and in the residential estate known as Marlin Estate. The repairs were to be carried out in the main Mallin estate building, Marlin cottage and out houses attached with the Marlin Cottage. The total value of the repairs to be carried out by accused Kartar Singh was Rs. 10,200/-. A written work order was given to him for this purpose by the Executive Engineer, Public Works Department, Division No.3. Accused Dharam Pal was the Junior Engineer in this beat. It was his duty to get the work done by the contractor, check it and enter the same in the Measurement Book. He made certain entries in this Book from 31.8.1978 to 16.9.1978. According to these entries certain down pipes, bends and P.G.I. caps were fitted in Government Middle School, Tutikandi, the main building of Marlin estate, Marlin Cottage and out- houses attached to the main building of Marlin estate known as Marlin Park and the total material shown to be used in these entries alongwith labour charges was Rs. 10,000/-. Accused Dharam Pal certified the work to have been done in accordance with the specifications given in the work order and the terms of the contract. Thereafter a running bill was prepared by accused Dharam Pal and he certified at the foot of that bill that the work had been done In accordance with the specifications of the Central Public Works Department and this bill was to the time of Rs. 9683-11 paise. The Assistant Engineer, to whom it was submitted, made payment of the bill to accused Kartar Singh and due entry in the cash book was made. Some one reported the matter to the Vigilance Department that no work had been executed on the spot and the entries made in the Measurement Book by accused Dharam Pal were false and wrong payment has been made to the contractor and, therefore, the department had been cheated by the accused. A case was registered and after investigation, challan was filed in the Court of Special Judge (2), Shimla. Accused Dharam Pal was charged for offences punishable under Sections 420, 468, 471, 477-A of the Indian Penal Code and Section 5 (1) (d) of the Prevention of Corruption Act and 120-B of the Indian Penal Code. Accused Kartar Singh was charged for offences under Sections 420, 120-B, 468, 471, 477 A of the Indian Penal Code and Section 5 (1) (d) of the Prevention of Corruption Act, 1947. Both pleaded not guilty to the charge and, therefore, they were tried accordingly. Accused Dharam Pal submitted that he made the entries on the instructions of Assistant Engineer Shri Dayal Singh (P.W. 11), who was his immediate boss. It is, however, stated by, him that several down-pipes, bends and caps had been fixed on the spot but did not remain in existence by the time the raiding party visited the spot which did not see them at the spot He further submits that although there were fixed but they were removed and seen stacked in the laboratory Block of Government Middle School, Tutikandi. This is the defence of the accused and has been .put to the prosecution witnesses during cross-examination. The trial culminated into the aforesaid conviction and sentences of the accused and they challenge this decision by way of this appeal.