STATE Vs. KAMAL SINGH

JUDGEMENT

(1.) THESE are two appeals brought against the judgment of the learned Special Judge, Jaipur City, dated 30.1.68. Three persons, namely, Radbakumar, Kishan Sahai and Kamalsingh were put on trial before the learned Special Judge for off rices under Sections 409, 420, 467 IPC and Section 6(1)(c)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947. The learned Special Judge convicted the accused Radhakumar under Sections 420 and 468 IPC as also under Section 5(2) of the Prevention of Corruption Act, 1947. He was awarded two years' rigorous imprisonment and a flue of Rs. 500/ - in default, further three months' rigorous imprisonment, two years' rigorous imprisonment and a fine of Rs. 500/ - in default, further three months' rigorous imprisonment and two years' rigorous imprisonment and a fine of Rs. 500/ - in default, further three months' rigorous imprisonment, on the three counts respectively. The substantive sentences of imprisonment were ordered to run concurrently. Kiahan Sahai Srivastava was like -wise convicted under Section 420 IPC and Section 6(2) of the Prevention of Corruption Act. He was awarded the sentence of one year's rigorous imprisonment and fine of Rs. 200/ - on each count; the substantive sentence of imprisonment were ordered to run concurrently. Kamalsingh was, however acquitted.

(2.) THE State appeal is against the acquittal of Kamalsingh while the two convict filed an appeal challenging their convictions Radhakumar, how ever, expired during the pendency of the appeal and his appeal consequently abated. We are thus left to deal with the cases of Kishan Sahai Srivastava and Kamai singh.

(3.) THE appeals came up for hearing before a Division Bench of this Court on 20 -8 -7. It transpired during the course of the arguments that the measurement bocks Nos. 197 and 152 were not traceable in the High Court Office and it was not clear from the record whether the two measurement books were sent by the learned Special Judge, Jaipur City, to this Court or not. A requisition was, therefore, ordered to be sent to the Special Judge, Jaipur City, to submit the two measurement books which were very material for disposing of the appeals. The High Court office was also directed to check up whether the books had been received or not. The appeals were ordered to be listed for hearing after this was done. The High Court office reported that the measurement books did not appear to have been received in the High Court office. When the learned Special Judge was addressed, he replied vide his letter dated No. 172 dated 30 -10 -74 that though the various measurement books were available in the record the measurement books Nos. 197 and 152 were not available and were missing. The above measurement books were not traceable any where in his office.