KAILASH NATH GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Sections 420/120B I.P.C. and 5(2) of the Prevention of Corruption Act. Appellant A.K. Mandal has further been convicted under Sections 420, 468 and 471 I.P.C. Appellant K.K. Malhotra has been convicted under Sections 420 and 468 I.P.C. and 5(1)(D) of the Prevention of Corruption Act 1947. Appellant K.N. Gupta has been convicted under Sections 420, 468 I.P.C. and 5(1)(D) of the Prevention of Corruption Act. The Appellants have been sentenced to R.I. for one year under each count by a judgment dated 11.11.1997 passed by the Special Judge, C.B.I. (South), Patna in Sessions Case No. 26 of 1975. The prosecution case is that in various capacities between June, 1974 to December, 1974 the Appellants prepared forged sale orders on the basis of which superior quality of coal was got dispatched by them. The Appellant K.K. Malhotra was the Manager of Bera Colliery, whereas the Appellant A.K. Mandal was previously an employee of P.K. Arya (now dead and the beneficiary in this transaction), whereas Appellant K.N. Gupta was the dispatch clerk of Bera Colliery and under Appellant K.K. Malhotra.

(2.) DURING trial the prosecution examined fifty six witnesses in all. Out of whom, P.W.1 Janardan Prasad, who was the Steno of Chairman -cum -M.D. of B.C.C.L., is formal in nature having proved the sanction orders of Appellant K.K. Malhotra Exhibit 1 and sanction order of K.N. Gupta Exhibit 1/1. P.W.2 Anjani Kumar Shrivastava, P.W.3 R. Lal, P.W.7 Yogendra Jha, P.W.14 P.S. Mukherjee, P.W.19 Ajit Kumar Gupta, P.W.33 N.N. Chatterji, P.W.36 Shyam Lal Sharma, P.W.45 Sashidhar Dutta and P.W.54 J.B. Barar have been tendered.

(3.) FROM the evidence of the present witness, I find that apart from him having been proved Ext. -A and D and the signatures of Accused A.K. Mandal on Exhibit A series and Exhibit D as also the procedure adopted in course of business, he has not stated any incriminating material against any of the accused persons with regard to the lapses having been committed by them.