(Delivered By Hon'ble Vivek Kumar Singh, J)

1. Heard Sri I.P. Srivastava, learned A.G.A. for the State and Sri Rajeev Lochan Shukla, learned counsel appearing on behalf of respondent nos.1 and 2 and Sri Puneet Bhadauria, learned counsel for accused respondent no.3 and perused the trial Court judgment and record.

2. The present Government Appeal has been filed against the judgement and order dated 12.6.2015 passed by learned Additional Sessions Judge/Special Judge, Anti Corruption, Gorakhpur passed in Special Sessions Trial No.01 of 2004 (State of Uttar Pradesh Vs. Madan Kumar Agarwal and others), under Sections 418, 420, 467, 468, 471, 120-B I.P.C. and Section 7/13(2) of Prevention of Corruption Act, 1988 (for short PCA 1988), Police Station Civil Line, District Meerut, whereby the accused persons were acquitted by the trial Court for the offence.

3. On the basis of the written report Ext. Ka -2 submitted by complainant Surajpal Singh, Inspector Economic Offence Wing, Crunuba Investigation Department (in short EOW, C.I.D.), Headquarters Indira Bhawan, Fifth Floor, Lucknow and the order of Anti-Corruption Bureau, CID, UP Faizabad, the police station- Kotwali City, Distt- Faizabad lodged the FIR against the aforesaid accused persons in case crime number 122/1997, u/s 418,420,467,468,471,120B IPC and Section 7 read with Section 13(2) PCA, 1988. The aforesaid accused were tried under the above mentioned sections on the basis of the charge-sheet submitted after investigation by Anti-Corruption Bureau, UP, Lucknow.

4. The accused Smt. Shail Agarwal died during the pendency of the case and this being the reason this case stands abated against her on 23.06.2012. Hence, only three accused persons i.e. present appellants, namely Madan Kumar Agarwal, Smt. Navneeta Agarwal and Raghubir Singh Bhadoria were tried by the trial Court.

5. In brief, the prosecution story is that in compliance of the demi official letter no. UO-80/25-8-96, dated 25.7.96, of Confidential Section-8, Government of Uttar Pradesh, an FIR was lodged at PS-Kotwali City, Faizabad by complainant Surajpal Singh, Inspector, EOW, Uttar Pradesh, Lucknow, on 09.01.97, at 19:40 hours, with this statement that the investigation regarding the inquiry report of Deputy Inspector General of Police, Faizabad Division and objections raised in the special audit report of the audit party about irregularities committed in payment of things taken on rent on the occasion of Chaitra Ram Navami Mela-93 (Ayodhya) organized during 22.03.93 - 07.04.93 was conducted by the Wing. During the investigation, relevant documents were collected and scrutinized and the statements of Shri Satsai Ram Prajapati, Senior Auditor, Sushil Kumar Srivastava, Auditor, Police Headquarters, Allahabad, Uttar Pradesh, Sushil Kumar Jaiswal s/o Nand Kishor, H. N. 416/227 Khvaspura, Faizabad, Ashok Kumar Jaiswal s/o of Jamna Prasad, H. N. 1218, Kakarhi Market, Faizabad, Amarnath Jaiswal s/o Ramanand, H. N. 467, Khvaspura, Faizabad, Ramcharan s/o Ram Prasad, Niyanwa Chauraha, Machhali Mandi Raod, Gaurapatti, police station- Cantt., Faizabad, Jai Prakash s/o Ram Ujer Shukla, village Shrirampur (Khadbadepur), Mauza Adilpur, police station- Inayatnagar, Faizabad, Madan Kumar Agrawal s/o Baburam, H. N. 513/34A, Amaniganj, Faizabad, Nand Kishor Jaiswal s/o Puddan Lal, H.N. 787 Anguribag, Faizabad, Ashok Kumar Agrawal s/o Kishori Lal, H.N.562, Kyganj, Allahabad, Jagdish Kumar Agrawal s/o Bal Govind Das, Rambagh, Allahabad and the then Reserve Inspector, Faizabad were recorded.

6. After complete investigation, this fact came to light that in the year 1993, on 17.03.93, a tender notice was issued after a demand letter was given by the RI on 16.03.93 for taking tent furniture etc on rent for police arrangement in Chaitra Ram Navami Mela (Ayodhya). Rules were not followed even in invitation of the tender. Only four days time was prescribed to submit the tender. The tender notice was neither published in the newspaper n