LRS OF DASRATHRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge is a common judgment in these twin appeals, therefore, are heard together and disposed of by this unison judgment. By the impugned judgment dated 14th of May 1998, Sessions Judge (Prevention of Corruption Act), Jodhpur (for brevity, hereinafter referred to as 'learned trial Court') convicted original appellant Dashrath Raj (since deceased) of Criminal Appeal No.379/1998 and two other appellants of Criminal Appeal No.378/1998 for offences punishable under various sections of Indian Penal Code (IPC) and offence under Section 5(1)(d), 5(2) of the Prevention of Corruption Act, 1947 (PC Act).

(2.) The learned trial Court indicted appellants for various offences of IPC and offence under the PC Act and sentenced them as follows:

(3.) Scorning the checkered history of the case, facts apposite are that Public Works Department (PWD), Jodhpur carried out famine relief works for the year 1981-82 and continued it for the next financial year, i.e. 1982-83. When the famine relief work during the financial year 1982-83 was in vogue, the then Executive Engineer, Division West, Mr. R.D. Vyas, Sub Engineer Mr. Kishan Singh (one of the appellants), Store-keeper Mr. Dashrath Raj (one of the appellants, since deceased), and Store Munshi Mr. Mohd. Yusuf (Appellant No.2 in Criminal Appeal No.378/1998) allegedly misused their official positions to cause wrongful pecuniary loss to the State Government Precisely, all of them were castigated for preparing forged Muster Rolls on the information furnished by someone to Anti Corruption Department, Jodhpur. The information eventually culminated into FIR No.107/86 against all named therein for offences under Sections 120-B, 420, 467, 468, 474 IPC and under Section 5(1)(d), 5(2) of the PC Act.