LAWS(JHAR)-2018-4-186

KRISHNA MOHAN PRASAD Vs. STATE OF JHARKHAND

Decided On April 06, 2018
KRISHNA MOHAN PRASAD Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.S.G.I. representing C.B.I. on the prayer for suspension of sentence made through I.A. No. 828 of 2018.

(2.) The appellant stands convicted in connection with R.C. Case No. 68(A)/1996 vide impugned judgment dated 24th Jan., 2018 passed by the learned Court of Additional Judicial Commissioner-VII-cum-Special Judge (AHD), CBI-I, Ranchi for the offences under Sec. 120-B read with Sections 409, 420, 467, 468, 471 and 477-A of the Indian Penal Code read with Sec. 13(2) of the P.C Act and separately under Sections 409, 420, 467, 468, 471 and 477-A of the Indian Penal Code and under Sec. 13(2) of the P.C. Act. He was sentenced under Sec. 120-B read with Sections 409, 420, 467, 468, 471 and 477-A of the Indian Penal Code to undergo R.I. for five (05) years and a fine of Rs.10,00,000.00, in default of payment of fine, S.I. for one (01) year; under Sec. 13(2) of the P.C Act to undergo R.I. of five (05) years and fine of Rs. 10,00,000.00, in default of payment of fine, S.I. of one (01) year; under Sections 409, 420, 467, 468, 471 and 477-A of the Indian Penal Code to undergo R.I. of three (03) years in each section and fine of Rs. 25,000.00 under each section. He is sentenced R.I. for three (03) years under Sec. 13(2) of the P.C. Act and fine of Rs. 50,000.00 in default of payment of fine, S.I. of three (03) months for each default. All the sentences shall run concurrently and the period undergone shall be set-off.

(3.) Learned senior counsel for the appellant submits that material discussion in respect of the appellant in the impugned judgment is at pages 270 and 271 under the heading "Findings on the point of implication of Officers of Animal Husbandry Department'. Learned senior counsel further submits that findings are based on the submission of one PW 88 that the appellant and other Medical Officers of the Department of Animal Husbandry, Chaibasa instructed for preparation of split supply orders for supply of veterinary medicines during the financial year 1992-9 PW 121 has also disposed that supply orders for purchase of huge quantities of feed, veterinary medicine and instruments were prepared without indents to be supplied to DAHO, Chaibasa during 1992-93 at the recommendation of the appellant and another doctor. Apart from the above, there are no findings against the appellant. Appellant has remained in custody during trial and after his conviction for a total period of more than 41 months. The break up of the custody during trial is provided at para 7 of the instant I.A. i.e. 3 yeas 04 month and 8 days and after conviction on 24.01.2018 he has remained in custody till date for approximately 21/2 months. The lower Court records were also inspected by the parties pursuant to the Court's order dated 202018, which confirms the period of custody undergone. Certified copy of the order of learned C.B.I. Court dated 21.04.1999 and 18.09.1999 are also enclosed as Anne-xure-A and A/1 to the supplementary affidavit.