INDRA DEO PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the State, Department of Vigilance.

(2.) BOTH Cr. Appeal No. 36 of 2002 and Cr. Appeal No. 48 of 2002 are against the judgment of conviction and order of sentence dated 19.1.2002, passed by Shri Devendra Kumar Lal, 7th Additional Judicial Commissioner, Ranchi in Special Case No. 4 of 1990 arising out of Patna Vigilance P.S. Case No. 7 of 1990, by which judgment the learned Additional Judicial Commissioner found both the accused guilty for the charge under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. They were also held guilty for abetting the accused late Tarni Prasad (now deceased) for accepting bribe on their behalf, which is punishable under Section 12 of Prevention of Corruption Act. They are convicted thereunder and sentenced to undergo rigorous imprisonment for one year under Sections 7 and 13(2) read with Sections 13(1) (d) and 12 of Prevention of Corruption Act.

(3.) ON the other hand, learned counsel for the State has opposed the prayer of both the appellants and submitted that both the appellants alongwith the main accused Indradeo Paswan (A.S.I.) participated in demanding bribe and accepted the same and thereby also opted the main accused and hence their conviction under Sections 13(1)(d) and 12 of the P.C. Act rather well founded and required no interference in this appeal.