MADAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of learned special Judge Anti -Corruption, Jammu dated April 24, 1986 convicting accused appellants under Sec. 120 B, R. P.C. and sentencing each one of them to undergo rigorous imprisonment of two years and a fine of Rs.5000/ -.

(2.) ANTI - Corruption Organisation. Jammu received information on August 10, 1979 that Suraj Parkash, appellant herein, who was Sectional Officer, Irrigation Division Darmari, received consignment of 200 bags of cement on August 9, 1989 for being lifted for Irrigation Division Darmari and got it loaded on truck No. JKB 3845 which he, in connivance with driver and other employees of the Department misappropriated and sold to owners of K. C* Vanspati factory. A case F. I. R. No. 9 of 1979 under Sec. 5(2) P.C. Act, 409, 120 -B -RPC was registered. During investigation of that case Anti -Corruption Organisation registered two Other cases, F. 1, R. Nos. 10&11 pertaining to misappropriation of another consignment of 200 bags of cement by the appellants and others meant for Irrigation Division Darmari and some cement dispatched for P. W. D. Division Rajouri.

(3.) THIS case relates to the consignment of 200 bags of cement which Suraj Parkash appellant received on 7 -9 -1979 and which according to the prosecution he along with owner of vehicle No. JKP -3845 and others misappropriated.