SHIV SHANKAR PRASAD SINGH versus THE STATE OF BIHAR

SHIV SHANKAR PRASAD SINGH versus THE STATE OF BIHAR

Considering the totality of oral and documentary evidence the prosecution proved beyond reasonable doubt that the appellants conspired, falsified FCI records and misappropriated government fertilizer stock (1040 bags); concurrent convictions and sentences were affirmed and the appeals dismissed.

Parties
Appellant / Accused No.3: Shiv Shankar Prasad Singh; Appellant / Accused No.1: Ramdeo Prasad; Respondent: The State of Bihar
Jurisdiction
India
Judgment Date
28 February 2019
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court (judgment on Merits)
Outcome
Appeals dismissed; convictions and sentences as affirmed by the High Court upheld with directions to surrender to serve remaining sentence; bail bonds cancelled.
Legal Topics
Misappropriation of Public Goods, Conspiracy (s.120 B Ipc), Falsification of Records, Criminal Breach of Trust, Conviction and Sentence, Appellate Review of Concurrent Findings
Penal Code, 1860 Prevention of Corruption Act, 1947 Criminal Law Evidence Misappropriation of Public Goods Conspiracy (s.120 B Ipc) Falsification of Records Criminal Breach of Trust +2 more

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Parties

Shiv Shankar Prasad Singh

Appellant / Accused No.3

Ramdeo Prasad

Appellant / Accused No.1

The State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court (judgment on Merits)

Legal Issues

  1. 1 Whether prosecution proved misappropriation of fertilizer bags (1040 bags) beyond reasonable doubt
  2. 2 Whether false entries in gate register and other FCI records were made by the appellants
  3. 3 Whether there was a conspiracy among accused punishable under Section 120B IPC

Ratio Decidendi

Considering the totality of oral and documentary evidence the prosecution proved beyond reasonable doubt that the appellants conspired, falsified FCI records and misappropriated government fertilizer stock (1040 bags); concurrent convictions and sentences were affirmed and the appeals dismissed.

Court Disposition

Appeals dismissed; convictions and sentences as affirmed by the High Court upheld with directions to surrender to serve remaining sentence; bail bonds cancelled.

Orders

  • Appeals dismissed
  • Bail bonds of the appellants cancelled