OM PRAKASH RAJGARIA SON OF SHRI KESHVDEO RAJGARIA RESIDENT OF GHAJIPUR, POLICE STATION GHAJIPUR, DISTRICT GHAJIPUR (UTTAR PRADESH) Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals arise out of the same judgment and order, dated 20.12.1997, passed by the learned Special Judge, C.B.I. (South), Patna, whereby the appellants have been convicted and sentenced to undergo imprisonment and fine. Both the appellants have been held guilty of the offence punishable under Sec. 120B read with Sec. 420 of the Indian Penal Code. Further, the appellant of Criminal Appeal (SJ) 18 of 1998 (Om Prakash Rajgarhia) has, in addition, been convicted of the offence punishable under Sec. 471 read with Sec. 465 of the Indian Penal Code, whereas the appellant of Criminal Appeal (SJ) No. 19 of 1998 (Upendra Prasad Dikshit) has been convicted of the offence punishable under Sec. 5(1) (d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act of 1947) punishable under Sec. 5(2) of the said Act.

(2.) The appellant of the first case has been sentenced to undergo one year imprisonment for the proved offence punishable under Sec. 471 read with Sec. 465 of the Indian Penal Code. For the proved offence under Sec. 120B read with Sec. 420 of the Indian Penal Code, he has been further sentenced to undergo rigorous imprisonment for a period of two years. The appellant in the second case has been sentenced to undergo rigorous imprisonment for two years upon his conviction of the offence punishable under Sec. 120B read with Sec. 420 of the Indian Penal Code and for an imprisonment for a period of two years and fine of Rs. 10,000.00 (ten thousand) for the proved offence under Sec. 5(1) (d) of the said Act read with Sec. 5(2) of the Act. The order of sentence stipulates that in default of payment of fine, appellant of the second case shall under go rigorous imprisonment for one year more. The sentences are to run concurrently.

(3.) I have heard Mrs. Soni Shrivastava, learned counsel for the appellants in both the appeals. I have also heard Mr. Sanjay Kumar, learned Standing Counsel C.B.I in Criminal Appeal (SJ) 18 of 1998 and Mr. Bipin Kumar Sinha, learned Standing Counsel C.B.I in Criminal Appeal (SJ) No. 19 of 1998.