SUNIL KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Since all the Cr. Appeals arise out of the same impugned Judgment, they are taken up together and are being disposed of by this common Judgment.

(2.) The instant Criminal Appeals are directed against the Judgment of conviction and order of sentence dtd. 29/3/2013 passed by the learned Special Judge, CBI Ranchi in R.C. No. 16(A)/2009-R/CNR-JHRN01-00516-2009 whereby and whereunder the learned Special Judge has convicted the appellants under Ss. 420, 468 and 471 of I.P.C. as well as under Sec. 120B r/w 420, 468, 471 of I.P.C. r/w under Sec. 13(2) r/w 13(1) (d) of P.C. Act, 1988 and convicted the appellants Sunil Kumar Sinha and Rajbali Ram under Ss. 13(2) r/w 13(1) (d) of P.C. Act, 1988 and sentenced as under: <FRM>JUDGEMENT_29_LAWS(JHAR)9_2023_1.html</FRM>

(3.) It is alleged that Laxman Ram, Navin Kumar, Surendra Prasad the then Executive Engineers, R.E.O., Simdega during the period 2004-2006 entered into a criminal conspiracy with contractor Satyadeo Prasad Jaiswal and other unknown persons and in pursuance of that conspiracy Satyadeo Prasad Jaiswal, contractor had submitted false/bogus invoices showing the procurement of bitumen for the execution of contractual work awarded in his favour causing wrongful gain to the contractor and corresponding wrongful loss to the Government of Jharkhand. It was also learnt that the works exceeding rupees 10,00,000/- the construction material like bitumen, cement, steel etc. was required to be supplied by the contractors and the contractors were required to procure bitumen from Public Sector Undertakings like Indian Oil Corporation Ltd. (IOCL), Bharat Petroleum Corporation Ltd. (BPCL), Hindustan Petroleum Corporation Limited (HPCL) etc. and before using such bitumen in the contractually awarded work, the contractors were required to submit the invoice for procurement of the bitumen and a certificate regarding quality of bitumen procured. The procured materials were supposed to be allowed to put to use in construction work by the contractors only after verification of the quality of the bitumen and other materials from the Departmental Quality Control Unit.