ABPSINHA ALIAS AWADHBIHARIPRASADSINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These are the two criminal appeals filed by the appellants against the judgment and order dated 27th July, 1982 of the Special Judge, C.B.I. South, Patna in Special case No. 23 of 1975 where the learned Special Judge held the accused-appellant A.B.P. Sinha and Bhola Nath Rawani guilty for the offences punishable under Section 420, 477-A and 120 B of the Indian Penal Code and under Section 5(1)(d) read with section 5(ii) of the Prevention of Corruption Act, 1947 ; and held the accused-appellant Dhannulal guilty for the offences punishable under Section 120-B of the Indian Penal Code read with section 5(1)(d) and 5(ii) of the Prevention of Corruption Act, 1947. The Special Judge awarded the sentence of three years rigorous imprisonment to each of these three accused-appellants A.B.P. Sinha, Bhola Nath Rawani and Dhannulal.

(2.) The co-accused S.K. Haldar, trains clerk/number taker had been acquitted by the Special Judge in this trial. He happened to join in Patratu Railway Yard on 20-1-1982.

(3.) Patratu is a big Railway Yard five kilometres long. Earlier the Yard Master was G.P. Ambasthan. The accused-appellant AB.P. Sinha "took the charge as Yard Master Patratu on 8-8-1971. The accused-appellant Bhola Nath Rawani was working as Head Weigh Clerk and Dhannulal was working as Head Trains Clerk in this Patratu Railway Yard.