GYAN SINGH SAINI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants had been tried alongwith others by the learned Special Judge, C.B.I., South Bihar, Patna in Special Case No. 7 of 1969 arising out of R.C. No. 1/69 after being charged of commission of offences under Section 120B read with 420 IPC as also Section 5(2) read with 5(1)(d) of the Prevention of Corruption Act, 1947. The two appellants were also charged under Section 109 IPC read with Section 5(2), read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. By judgment dated 22.3.1994 the appellants were held guilty of committing the above offences and each of them was directed to suffer rigorous imprisonment for two years for committing offence under Section 120B read with 420 IPC as also to pay a fine of Rs. 50,000/- each, else, to suffer rigorous imprisonment for further period of six months. So far as the conviction of the appellants for offence under Section 109 read with Section 5(2) read with 5(1)(d) of the Prevention of Corruption Act was concerned, the learned Trial Judge did not pass any order of sentence and noted that sentences were already passed on the appellants for their conviction for offences under Section 120B IPC which may be sufficient on all counts. The appellants, as such, have preferred the present appeal. The case related to alleged systematic defrauding the Bihar Electricity Board, Patna Division by undesired purchase of Hard Drawn Bare Copper (HDBC) Wire during the period 1961 to 1967. As per the allegation, there being no requirement for purchasing the above quality of copper wire for which tenders in the form of Exts.-9 and 10A were floated in the local newspapers inviting the desirous suppliers to supply HDBC wire in huge quantity, i.e., 47,661 K.G. at a higher rate of Rs. 32 per K.G. though the prevailing rate during the period was around Rs. 11.15 paise. The prosecution case further was that there was no necessity of HDBC wire; it was lying in the stock of the Bihar Electric Works Division Patna Zone in abundance. But, still the purchases were made and supplies were received from the two appellants and others causing dishonest wrongful loss to the said Electric Works Department Division. So far as the two appellants were concerned, it was alleged that appellant Gyan Singh Saini supplied 5,905 K.G. of the above quality of copper wire costing Rs. 1,92,739.20 only whereas Bachitar Singh supplied 300 K.G. of the same wire of the value of Rs. 9,600/-. Thus, it was alleged that the accused persons who were the Superintending Engineer, Executive Engineer and the Senior Accounts Officer of the Electric Works Division of the above said Board in connection with the suppliers including the two appellants, caused a total loss to the Government or its corporate body to the tune of Rs. 15,47,660.04.

(2.) The case was investigated into by the C.B.I, and, ultimately, the accused persons were sent up for trial, some of whom died during trial and some died during the pendency of the present appeal, as a result of which three connected appeals bearing nos. 116 of 1994 and 104 of 1994 abated as regards the substantive sentence of imprisonment imposed against two appellants, namely, B.B. Mukherjee and Harish Chandra Seth. B.B. Mukherjee was the Divisional Accounts Officer of the corporate body and Harish Chandra Seth was the supplier being the proprietors of M/s Harish Electrical Services, Patna.

(3.) During the course, of the trial as many as 23 witnesses were examined and over 250 documents were tendered in evidence. Without going into the individual depositions of the witnesses, it might be useful to point out that P.Ws. 3, 4, 6, 7, 9, 10 and 12 who were the employees of the same corporate body of the Patna Division were deposing before the trial court that there was no need to purchase the HDBC wire in the Patna Division of the Electric Works Division of the Bihar State Electricity Board and none of its subordinate bodies of the division had sent any indent/requisition and no requisition had further been received from Ranchi, Bhagalpur or any other divisions. So far as the evidence of P.Ws. 14, 15, 17, 19, 21 and 23 is concerned besides speaking on different documents like the earlier set of witnesses, they were also giving deposition to the fact that during the relevant period the market price was somewhere around Rs. 14 or 15 per K.G. of the specified copper wire.