JANAK RAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 21 -05 -1997 propounded by Special Judge, Anti -Corruption, Jammu, whereby accused, Janak Raj, only has been convicted and sentenced to undergo six years rigorous imprisonment and a fine of Rs. 25,000/ -, in proof of offence under section 5(1)(c) read with section 5(2) of the Jammu and Kashmir Prevention of Corruption Act, 2006 (BK) and in case of non -payment of fine, to further undergo rigorous imprisonment for a period of one year; further sentenced Janak Raj to suffer ten years rigorous imprisonment and a fine of Rs. 25,000/ - for commission of offence under section 409 RPC and in case of non -payment of fine, to further undergo rigorous imprisonment of two years; and also for hatching a conspiracy with deceased Bishan Dass, Driver of the truck, to undergo rigorous imprisonment for a period of five years and a fine of Rs. 5,000/ - and in case of default of the payment of fine, to further suffer one years rigorous imprisonment, and all the sentences to run concurrently.

(2.) THE prosecution case, as unfolded during trial, depicted in narration, is that accused, Janak Raj, who happened to be Storekeeper, was detailed by the Executive Engineer, Irrigation Division, Dharmari, Mahore, to receive 200 bags of cement, vide indent issued in this behalf, from the Central Procurement Stores, Jammu. The cement was required to be transported to Mahore, to be utilized in the construction work in the said Division. The cement was loaded in a truck belonging to Agro Industries Development Corporation with Bishan Dass as its Driver and Thoru Ram as its Cleaner. The cement, which was received by Janak Raj, Storekeeper, from the Central Procurement Stores, Jammu, did not reach the destination and had been sold in black -marketing to accused, Anil Saraf, in consideration of Rs. 10,000/ -. The said cement came to be stored in the Brick Kiln of Prabh Dayal at Nagbani. It was further alleged that out of the sale consideration, Rs. 6, 000/ - were received by accused, Janak Raj. However, on the receipt of information with regard to sale transaction of the cement belonging to the Government, by the Vigilance Organisation, an FIR was registered and investigation ensued. The truck bearing registration No. 3177 -JKN, in which the cement was loaded from Central Procurement Stores, Jammu, did not reach the destination at Mahore and was seized empty from the compound of the Central Procurement Stores Jammu. Accused, Janak Raj, was arrested and an amount of Rs. 6,000/ - was seized from his possession. The person, to whom the cement was sold, was also identified and the sold cement was recovered from the Brick Kiln of Prabh Dayal in a raid conducted by Vigilance Organisation. The other accused also came to be arrested. The sold cement was recovered on the disclosure statement made by Anil Saraf, accused, and at his instance. On the conclusion of investigation, challan was presented against the accused, Janak Raj, Bishan Dass and Thoru Ram, to stand their trial for the commission of offence under section 5(2) of the Prevention of Corruption Act, 2006 (BK) read with sections 120 -B and 409 RPC, and as against Anil Saraf and Prabh Dayal for offences under sections 409, 109, 120 -B RPC. After framing the charge and adducing evidence produced by the prosecution and hearing the arguments, the Special Judge, Anti -Corruption, found Janak Raj, accused, to have committed offences under section 5(l)(c) read with section 5(2) of the J&K P.C. Act and section 409 RPC and convicted and sentenced him accordingly; whereas Anil Saraf, Prabh Dayal and Thoru Ram stood acquitted for want of any evidence against them to connect them in the commission of offence vide order dated 21 -05 -1997, impugned in the appeal; and whereas Bishan Dass, accused, died during the currency of the trial and challan against him stood abated.

(3.) I have heard the learned counsel for the respective parties in extenso. A minute examination of facts on record file has also been made.