SITA SHARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appeals Nos. 206 of 1980 and 228 of 1980 have been heard together as they arise out of a common judgment, dated 16 -6 -1980, passed in Special Case No.23 of 1980 by Sri Shyamnandan Prasad Verma, Special Judge, C.B.I., Patna. Criminal Appeal 206 of 1980 has been preferred by Sita Sharan Srivastava, whereas Criminal Appeal 228 of 1980, has been preferred by M.S. Ramaiah.

(2.) PROSECUTION case, as stated in the judgment under appeal can be summarised in brief as follows :

(3.) IN the year 1962 a very prestigious irrigation project contemplated to irrigate more than 28 lac acres of lands in Bihar, U.P. and Nepal was taken up by the Government of India in collaboration with the Government of Bihar and U.P. It was for this purpose that a Board known as Gandak Control Board was set up for regulating the project work. The Government of Bihar was made responsible for the construction of all the projects, the costs whereof were to the tune of Rs. 150 crores. The Board constituted a technical committee which decided to get prestressed concrete bridges constructed. During the period in between 1964 and 1967 late M.P. Sinha was the Minister, in charge, Irrigation. The Department of R.V.P. was under him. B.N. Sinha (late) was the Chief Administrator as well as the Secretary of the Department. S.S. Shrivastava was the Financial Adviser -cum -Chief Accounts Officer heading the Finance and the accounts Department of the Project. P.R. Guha was the Chief Engineer in 1964 -65 and after his retirement, he was succeeded by one B.L. Singh.