MADHO BEHARI GOEL Vs. STATE

JUDGEMENT

(1.) THREE appellants in two appeals namely Madho Behari Goyal (Cr. Appeal No. 226/1977), Brandawan Dass (B. D. Soni) and Gokuldas (Cr. Appeal No. 207/77) were tried for the offences under Sec. 120-B, 409, 477a, 463, 471 and Section 5 (2) r. w. Section 5 (l) (c) of the Prevention of Corruption Act, 1947 ('act') r. w. Section 114, IPC and they were found guilty; and the learned Special Judge (CBI) Rajasthan, Jaipur vide his judgment dated June 6, 1977 convicted and sentenced the appellants as under : 1. Madho Behari Goyal (Cr. Appeal No. 226/1977 ). U/s. 120-B, 409 & 477a IPC Five year's rigorous imprisonments on each counts. U/s. 465, IPC 1 year's rigorous imprisonment. U/s. 5 (1 ) (c) of the Act 5 year's rigorous imprisonment with a fine of Rs. 2,000/- in default 3 months' R. I. 2. Brandavan Dass (B. D. Soni) (Cr. Appeal No, 207/77) U/s, 120-B, 409, 471, IPC Five year's rigorous imprisonment on each counts. U/s. 465&411 IPC One year's rigorous imprisonment on each counts. U/s. 5 (i) (c) of the Act Five year's rigorous imprisonment with a fine of Rs. 3,000/- in default 3 month's R. I. 3. Gokul Dass (Cr. Appeal No. 207/77) U/s. 120-B, 144, 409 IPC and S. 5 (l) (c) of the Act. One Year's simple imprsonment on each counts.

(2.) ALL the sentences were ordered to run concurrently. Facts: A challan was filed against the appellants on the following facts:

(3.) MR. S. P. Tyagi, learned Special Public Prosecutor appearing for C. B. I. fairly admitted the aforesaid position and was unable to place any relevant notification or amendment under the Rules showing that the Chief Engineer, Poona & Rajasthan Zone was authorised to accord sanction for prosecution of the appellant, M. EL Goyal on December 5, 1970.