SURAJ PARKASH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Criminal appeal is directed against the judgment dated 4 -6 -1986 passed by the Special Judge, Anti Corruption, Jammu whereby the accused/appellant has been convicted for the commission of offences under section 467 RPC and Section 5 (i) (d) punishable under section 5(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for five years, with a fine of Rs 1000/ - and in default of payment of fine to undergo simple imprisonment for a period of three months for each of the offences. Both the sentences have been ordered to run concurrently.

(2.) APPELLANT Suraj Parkash Mishra, was the Accounts Clerk in the office of Dr. Abdul Majid, Block medical Officer, Samba in December, 1977. Dr. Abdul Majid, Block Medical Officer was the Drawing and Disbursing Officer and the appellant being the Cashier - Accounts Clerk was maintaining the Cash Book and drawal register. It was his duty to prepare the bills and draw the money, after the same were attested/passed by the Block Medical officer, with an authority to him to receive the money on his behalf and disburse the same to the rightful claimant.

(3.) THE appellant alongwith Dr. Abdul Majid, BMO Samba (accused No.1) were put on trial for commission of the offences under sections 467 RPC and 5 (i) (d) of the Prevention of Corruption Act.