GOPAL PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties through video conferencing.

(2.) These three appeals have been preferred against the common Judgment of Conviction and Order of Sentence dated 09.10.2015 passed by the Special Judge, C.B.I., Dhanbad in R.C. Case No.14 (A) of 1995-D whereby and where under, the learned court below has held appellants-convicts guilty for the offence punishable under Section 409 of Indian Penal Code and sentenced them to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.1,00,000/- each and in default of payment of fine, to undergo Simple Imprisonment for a period of six months. The learned court below found the appellants-convicts not guilty so far as the charge for the offences punishable under Sections 465, 467, 407, 471 of Indian Penal Code are concerned. The convicts Baldin Ram and Ravi Shankar Jha have additionally been convicted for the offence punishable under Sections 13 (2) read with Section 13 (1) (c) and (d) of Prevention of Corruption Act, 1988 and sentenced them to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.50,000/- and in default of payment of fine to undergo Simple Imprisonment for a period of three months. All the sentences were directed to run concurrently.

(3.) The brief facts of the case is that upon the information from a reliable source, the First Information Report of this case was registered at the instance of B.K. Birdi, Inspector of Police, SPE, C.B.I., Dhanbad. In the FIR, it is alleged that the appellant-convict- Baldin Ram who has been referred to as B.D. Ram in the said FIR, while working as Senior Executive Engineer (Civil), Bhuli Town Administration, B.C.C.L., Dhanbad during the period of October, 1993 to January 1994 entered into a criminal conspiracy with the appellant-convict- Gopal Prasad Sinha- the Proprietor of M/s. Gopal Engineering, Pujari Prasad- a private person and the co-convict- Bhagwan Das who died during the pendency of the trial and others. In furtherance of said criminal conspiracy dishonestly and fraudulently misappropriation of 302.840 M.T. of non-coking coal, Grade-'C' worth Rs.1.50 lakhs which was meant for distribution amongst the employees of B.C.C.L. for domestic use was caused by the accused-persons of the case, causing a wrongful loss to the tune of Rs.1.50 lakhs to B.C.C.L., a Government of India Undertaking and wrongful gain to themselves.