RAM KRIT SINGH Vs. STATE

JUDGEMENT

(1.) THOUGH the appeal is of the year, 1995 but when it was taken up for final hearing nobody appeared on behalf of the appellant in spite of repeated calls. Seeing the age of the appeal this Court was left with no option but to take up its hearing by appointing one Mr. Arun Kumar Tripathi, Advocate, as amicus curiae, who, after being appointed as amicus curiae, assisted the court on behalf of the appellant. Mr. Bipin Kumar Sinha assisted the court on behalf of the Central Bureau of Investigation (C.B.I).

(2.) FOR an accusation that the appellant being a public servant committed criminal misconduct and criminal breach of trust in respect of 144 packets of imported sugar which was entrusted to him in the capacity of a public servant and that he misappropriated and converted to his own use, the said quantity of sugar or sale proceeds thereof worth Rs. 37440/ -; obtained pecuniary advantage by illegal and corrupt means and by abusing his position as public servant by falsifying the records or documents of the FCI, an F.I.R. was lodged on 30.6.1987 vide R.C. 22/87 (Ext. 11) and the appellant was put on trial vide Special Case No. 32/87 and under the impugned judgment and order dated 26.9.1995 passed by the Special Judge (C.B.I.), North Bihar, Patna, he has been convicted under Sections 409, 477A, 5(2) r/w 5(1)(c) and 5(2) r/w 5(1)(d) of the P.C. Act, 1947 corresponding to Section 13(2) r/w Section 13(1)(c)(d) of the Prevention of Corruption Act 1988 and sentenced to undergo rigorous imprisonment for two years with fine of Rs. 5,000/ - (containing default clause) under Section 409 of Indian Penal Code, two years rigorous imprisonment under Section 477A of I.P.C and again rigorous imprisonment for 2 years under each provisions of Prevention of Corruption Act for which he was found guilty.

(3.) ON these accusations, the appellant was made accused along with some other named accused in which, after investigation, charge sheet was filed only against the appellant and the another co -accused namely D.N. Sah (since acquitted). The learned court below took cognizance under Section 120B, 409, 420 and 477A of the I.P.C and subsequently, charges were famed in the case.