ROMESH KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) Both the criminal conviction appeals are directed against the judgment and order of conviction and sentence dated 8.12.2007 passed by the Special Judge Anti Corruption, Jammu, in case titled State v. Romesh Kumar and another, whereby appellant Romesh Kumar came to be convicted for the commission of offence punishable under section 5 (1)(c) read with section 5(2) of Prevention of Corruption Act (for short, P.C. Act) and 409/120-B of Ranbir Penal Code (for short, RPC), whereas appellant Bansi Lal has been convicted for the commission of offence under section 120-B RPC, on the grounds taken in the memo of appeals (for short, impugned judgment). It is profitable to give brief facts of the case herein.

(2.) Vigilance Organization, Jammu on gelling reliable information raided Shamboo Flour Mill, R.S. Pura, Jammu on 17.9.2009 and recovered 96 bags of wheat of Food & Supplies Department to be unloaded at Food & Supplies Store Banihal.

(3.) The allegations against accused were that appellant-accused Ramesh Kumar, driver of Truck No. 630-JKZ of J&K State Road Transport Corporation (for short, JKSRTC) was entrusted with 96 bags of wheat of Food & Supplies Department along with duty slip and challan, which were to be unloaded at Food & Supply Store-Banihal. He in connivance with appellant-accused Bansi Lal hatched a conspiracy and mis-appropriated the said wheat by selling the same to Bansi Lal. Accused Romesh Kumar thus unloaded the said wheat at Shamboo Flour Mill R.S. Pura, the owner of which is accused Bansi Lal. On getting information police arrested accused Romesh Kumar and on his disclosure statement recovered the said wheat from Shamboo Flour Mill. Accused were charge sheeted vide order dated 3.4.2001, they pleaded not guilty and claimed to be tried.