BAIDYANATH PRASAD SINHA Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 161 of the Penal Code, and has been sentenced to undergo rigorous imprisonment for one year. He has also been convicted under Section 5(2) of the Prevention of Corruption Act (2 of 1947), and has been sentenced to undergo the same term of imprisonment for that offence. Both the sentences have been ordered to run concurrently.

(2.) THIS case was first placed for hearing before a single Judge of this Court who has referred it to a Division Bench. Hence, it has come up before us.

(3.) THE learned Special Judge of Darbhanga had given the facts of the case and the cases of both sides in detail. Briefly stated, the prosecution case is that Hardeo Narayan Thakur (P.W. 5), who will be henceforth referred to as Thakur, took contract in January, 1956, for construction of a Bandh in river Khiroi, which has been referred to as the Khiroi scheme, from mile 30 to mile 30 1/2. The appellant was then the Sectional Officer of Darbhanga Waterways Division No. 1.