LAWS(PAT)-2016-9-86

RAM LAKSHMAN PRASAD, SON OF LATE DEORAJ PRASAD, RESIDENT OF KANSHARA, P.S. Vs. THE STATE OF BIHAR THROUGH S.P. VIGILANCE, PATNA

Decided On September 16, 2016
Ram Lakshman Prasad, Son Of Late Deoraj Prasad, Resident Of Kanshara, P.S. Appellant
V/S
The State Of Bihar Through S.P. Vigilance, Patna Respondents

JUDGEMENT

(1.) Heard Akhileshwar Prasad Singh, learned Senior Advocate appearing for the appellant in Cr. Appeal (SJ) No. 391 of 2014, Mr. Sanjeev Kumar Mishra, learned Advocate appearing for the appellant in Cr. Appeal (SJ) No. 356 of 2014, Mr. Rakesh Kumar Soni, learned Advocate appearing for the appellant in Cr. Appeal (SJ) No. 383 of 2014 and Mr. Ajay Kumar, learned Advocate appearing for the appellant in Cr. Appeal (SJ) No. 397 of 2014 and Mr. Ramakant Sharma, learned Senior Advocate appearing for the Vigilance.

(2.) These appeals are directed against the judgment and order dated 30.06.2014 passed by the learned Special Judge, Vigilance-II, Patna in Special Case No. 2 of 2002 whereby and where under the appellants have been convicted for the offences punishable under Sec. 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (for short 'PC Act, 1988') and Sections 420 and 120-B of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for a period of three years under Sec. 420 of the IPC, rigorous imprisonment for a period of one year under Sec. 120-B of the Penal Code and rigorous imprisonment for a period of two years under Sec. 13(2) read with 13(1)(d) of the PC Act, 1988. All the sentences have been ordered to run concurrently. The period already undergone as under-trial prisoner has been directed to be set off under the provision of Sec. 428 of the Code of Criminal Procedure (for short 'CrPC').

(3.) The prosecution case is based on written report of one Amrendra Prasad Kumar, Deputy Superintendent of Police, Cabinet (Vigilance) Department, Electricity Board Cell, Bihar, Patna submitted to the Officer-in-Charge, of the Vigilance Police Station, Patna, which, in short, is as under:-