ASHOK KUMAR MUJOO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These three appeals are directed against the judgment of conviction and order of sentence dated 23rd December, 2002 passed in R.C. Case No. 20 of 1987 whereby and whereunder the learned 7th Additional Judicial Commissioner-cum-Special Judge, Ranchi, held the appellants of all the three appeals guilty under Section 120-B/409 of the Indian Penal Code as well as under Section 5(1)(c) of the Prevention of Corruption Act, 1947 which corresponds to Section 13(2) of the Prevention of Corruption Act, 1988 and convicted and sentenced them to undergo R.I. for one year under Section 120-B, IPC and two years under Section 409, IPC each with a fine of Rs. 10,000/- under Section 5(1)(c) of the Prevention of Corruption Act, 1947 corresponding to Section 13(1)(c) of the Prevention of Corruption Act, 1988 and in default of payment of fine, to undergo S.I. for three months each. They were further sentenced to undergo R.I. for two years under Section 5(2) of the Prevention of Corruption Act, 1947 corresponding to Section 13(2) of the Prevention of Corruption Act, 1988. However, sentences were directed to run concurrently.

(2.) Prosecution case in brief is that Shrawan Kumar, Dy. S. P., CBI, Ranchi got a reliable information and lodged an FIR against S. R. Sharma (accused), Project Officer, Lapanga Colliery and A. K. Muzoo (accused), Superintendent of Mines, Lapanga Colliery, C.C.L., Barkakana within the District of Hazaribagh and other unknown on the allegation that they were parties to a criminal conspiracy among themselves with other unknown persons for misappropriating coal weighing 52,334 MT produced in Lapanga Colliery during the financial year 1985-1986. It is said that in pursuance of the said criminal conspiracy, persons named above, are personally responsible for misappropriating the said coal which is a property of the Government. On this confidential piece of information, the entire stock of coal of Lapanga Colliery was physically verified by a team of officers of C.C.D. on 1-10-1985. During the aforesaid verification, a shortage of 40605.60 MT of coal was found between the book balance and the ground balance. On this report, a team of officers of Coal India also verified the stock on 1-11-1985 and a further shortage of 11,748.40 MT of coal was detected by them. In pursuance of the physical verification of the entire coal of Lapanga Colliery, a total shortage of 52,354 MT of coal was found and the value in terms of Rupees was estimated on Rs. 1,23,03190/-. Thereafter a case was registered under Section 120-B, IPC read with Section 409, IPC and under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act, against them. In course of investigation, materials were collected against one J. N. Singh (accused) also and, therefore, charge-sheet was submitted under the aforesaid sections against both named accused and one Mr. J. N. Singh and the Special Judge, (CBI), Ranchi, on the basis of charge-sheet and after perusal of the same, took cognizance of the offence by his order dated 23-11 -1991.

(3.) Prosecution has examined altogether sixteen witnesses. PW-6 Ruplal Thakur, PW- 7 Jagdish Prasad and PW-12 Nanhu Singh have been tendered for cross-examination. PW-16 is Shrawan Kumar. He is I.O. of the case. PW-14 is Tapan Kumar Mazumdar. he is Personal Assistant, C.I.L., (Vigilance), Calcutta. He is a formal witness but he has proved the sanction order for prosecution and other witnesses namely, PW-1, Ravikant Pathak, PW-2 Bhogendra Lal Karn. PW-3 Ram Pravesh Singh, PW-4 Baijnath Ram, PW-8 Ghanashyam Singh, PW-9 Diwakar Banerjee, PW-10 T. B. Sarkar, PW-11 J. P. N. Jha, PW-13 Darshan Singh and PW-15 Oriandam Saha are material witnesses. PW-3 Ram Pravesh Singh, PW-4 Baijnath Ram, PW-8 Ghanashyam Singh, PW-9 Diwakar Banerjee and PW-10 T.B. Sarkar are the witnesses on the point of excavation of coal from the mines and manner of maintaining of its stock.