SHASHI PRAKASH AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals are directed against the judgment of conviction and order of sentence dated 15.10.1996 passed in R.C. Case Nos. 13, 14 of 1974 and 3 to 6 of 1975, whereby and whereunder the learned 1st Additional Judicial Commissioner-cum-Special Judge, CBI, Ranchi held the appellants guilty under Sections 477-A, 468, 120-B, and 420, IPC also under Section 5(2) of the Prevention of Corruption Act and under Section 13(2) read with Section 13(i)(b) of the Prevention of Corruption Act, 1988 and convicted and sentenced them to undergo RI for three years each and also directed appellants R.C. Lal, S.P. Agarwal to pay a fine of Rs. 1.00 lac each and appellants Mukhlal Singh, R.B. Gupta and B.B.N. Singh were directed to pay a fine of Rs. 5.00 lakhs each for causing heavy loss to Bokaro Steel Ltd. and in default of payment they were further directed to undergo RI for one year each. However, sentences were directed to run concurrently.

(2.) The prosecution case in brief is that the raw materials Department of Bokaro Steel Limited entered into an agreement with the contractors namely, M/s. Jawahar Lal Jaiswal and Company of Nagar Untari, M/s. Bahal and Company, M/s. Uni Construction Company, M/s. B.P. Gupta and B.P.N. Singh and M/s. Mukhlal Singh for excavation of trenches for extraction of limestone from Saraiya Mines area to Bhawanathpur limestone mines including transporting and dumping over burden soil at waste dump and raising sizing and stock of quality limestone at pit head from the trenches. Pursuant to the agreement six trenches were allotted to the aforesaid contractors separately. Trench No. 1, was allotted to M/s. Jawahar Lal Jaiswal and Company, Trench No. 2 was allotted to M/s. Bahal and Company, Trench No. 3 was allotted to M/s. B.P. Gupta and B.P.N. Singh, Trench No. 4 was allotted to M/s. Mukhlal Singh, Trench No. 5 was allotted to M/s. Uni Construction and Company and Trench No. 6 was allotted to M/s. Bahal and Company. At the relevant point of time Sri S.R. Bhattacharya was the Chief Superintendent of Raw Material Division of Bokaro Steel Ltd. and S.P. Agrawal (accused) was the Mines Manager-cum-Officer Incharge of Bhawanathpur Lime- Stone Mines and R.C. Lal (accused) was the Surveyor, Raw Material Department of B.S.L. and B.P. Gupta (accused) and B.P.N. Singh (accused) were the proprietor of firms M/s. B.P. Gupta and B.P.N. Singh and they were allotted trench No. 3 Mukhlal Singh was the proprietor of firm M/s. Mukhlal Singh and he was allotted trench No. 4. Charanjeet Lal and Ajeet Ram are the contractors of M/s. Bahal and Company, who were allotted trench Nos. 6 and 2. Charanjeet Lal is now dead and, therefore, proceeding against him was dropped. Similarly Kanhay Kunwar, proprietor of M/s. Uni Construction is also dead, who was allotted trench No. 5. Jawahar Lal, the proprietor of M/s. Jawahar Lal Jaiswal and Company is also dead, who was allotted trench No. 1. Further case of the prosecution is that S.K. Bhattacharya, the Superintendent of Raw Material Department, B.S.L., dishonestly split up the work of excavation of the trenches and allotted the contract work to the different contractors in order to keep the value of the work within his financial competence and also to avoid financial scrutiny by the superior authority. He also entered into an agreement with the private contractors for excavation of trenches in question to extract limestone with intention to make financial gain to himself and to put wrongful loss to B.S.L. and for this purpose he made S.P. Agrawal Mines Manager Incharge of the work and R.C. Lal a Surveyor and they all in collusion with the private contractors showed favour to the private contractors by recording inflated measurement of trenches in question in the measure-ment book by accused R.C. Lal (accused) which were duly certified by S.P. Agrawal (accused) and on the basis of inflated measurement of trenches in question in the measurement book by R.C. Lal, all the contractors received more payments from B.S.L. than the actual work done by them. Thus, the authorities of B.S.L. i.e. S.K. Bhattacharya, the Superintendent of Raw Material Division of B.S.L. and S.P. Agrawal the then Mines Manager of B.S.L. and R.C. Lal, Surveyor of B.S.L. conspired with the proprietors of the five private contractors namely M/s. Bahal and Company, M/s. Jawahar Lal Jaiswal and Company, M/s. Uni Constructions, M/s. B.P. Gupta and B.P.N. Singh, M/s. Mukhlal Singh and contractors were paid more than the actual amount of work done by them. On information that the contractors have fraudulently received excess payment for the work, which they have actually not done, a committee to supervise the work and make measurement was formed headed by Mr. K.A. Chincholkar to check and measure the depth etc. of the trenches and it was found that actually inflated measurement of trenches was recorded in the measurement book by the surveyor R.C. Lal, on the basis of which the contractors have received payment of money even for the work they have not done. On the basis of aforesaid measurement by Mr. K.A. Chincholkar altogether six cases were registered by the CBI, which are as follows (i) R.C. No. 13/1974 relating to trench No. 6 has been regis-tered against S.P. Agrawal, R.C. Lal, Charanjeet Lal (since dead) and against Ajeet Ram, the proprietor of M/s. Bahal and Company. This case rela-tes to trench No. 6. (ii) R.C. Case No. 14/1974 relating to trench No. 1 has been registered against accused S.P. Agrawal, R.C. Lal and Jawahar Lal Jaiswal (since dead). (iii) R.C. Case No.3/1975 relating to trench No. 5 was registered against S.P. Agrawal, R.C. Lal, S.K. Bhattacharya (now dead) and Kanhai Kuer, proprietor of M/s. Uni Construction (now dead) (iv) R.C. Case No. 4/1975 relating to trench No. 2 has been registered against S.K. Bhattacharya (now dead), S.P. Agrawal, R.C. Lal and M/s. Bahal and Company. (v) R.C. Case No. 5/1975 relating to trench No. 3 has been registered against S.K. Bhattacharya (now Dead), S.P. Agrawal, R.C. Lal, B.P. Gupta B.P.N. Singh of M/s. B.P. Gupta and B.P.N. Singh. (vi) R.C. Case No. 6/1975 relating to trench No. 4 has been registered against S.K. Bhattacharya (now dead), S.P. Agrawal, R.C. Lal and M/s. Mukhlal Singh.

(3.) In course of investigation CBI officials seized the relevant papers and trenches were again measured by Mr. H.P.S. Sesachar, the Technical Examiner of Control Vigilance Commission, New Delhi, who submitted a report (Ext. 34) and in course of investigation a prima facie case was found against eleven accused persons including three public servants and accordingly CBI submitted charge-sheet No. 2/77 dated 22.2.1977, on the basis of which cognizance has been taken against all of them and they have been put on trial.