(1.) THE two appeals have been preferred by the two appellants to question the propriety and correctness of finding of their guilt and sentences passed upon them, who were put on trial by the learned Special Judge, Vigilance (Vigilance Cases), North Bihar, Patna in Special Case no. 13 of 1989 by framing charges under sections 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 and sections 420, 468, 471, 409 and 120B IPC. The charges under the Prevention of Corruption Act were corresponding to sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988.
(2.) ORIGINALLY, there were two appellants, namely, Indra Daman Singh alias Indra Daman Sinha and Ran Vijay Singh but, during the pendency of these appeals, appellant of Cr. Appeal No. 162 of 1999, that's, Ran Vijay Singh died and his wife, Chanda Rani was permitted by order dated 4.1.2001 to prosecute the appeal as in spite of the sentences of imprisonment having abated on account of death of the said appellant Ran Vijay Singh, the sentence of fine was very much operative.
(3.) AS regards the evidence, the total number of ten witnesses were examined but the evidence of all witnesses are not material as regards the proof of charges.