ARUN KUMAR GOEL,J. - (1.)Both these appeals have arisen out of the same judgment passed by the learned Special Judge, Solan in Sessions trial No.21 -S/7 of 1990 dated 25.11.1991. Accordingly, these have been heard together and are being disposed of by a common judgment.
(2.)Arun Sood appellant was working as Branch Manager of United Commercial Bank (hereinafter referred to as the bank) during the period 15.7.1982 to 2.4.1986. Sukh Ram appellant was working as Gram Sewak posted at Nagaon, Tehsil Arki, District Solan, H.P. during lie period April, 1982 of 1986.
(3.)Prosecution case in brief against both these appellants was that both of them entered into a criminal conspiracy and in furtherance thereof Sukh Ram filled in loan application in the sum of Rs, 2,000/ - for land development activity as well as for grant of Rs. 1,000/ - as subsidy in the name of one Smt. Kalawati (PW -2). This application of Kalawati is stated to have been thumb -marked by her. On the recommendation of Sukh Ram appellant, Block Development Officer, Kunihar accorded sanction of Rs. 900/ - as subsidy which was forwarded to the bank at Darlaghat. In the background, loan documents came to be executed on 11.10.1983. All these documents purported to have been thumb -marked by said Smt. Kalwati. One Nanku (PW -3) purportedly stood surety by executing letter of guarantee for due re -payment of this loan etc. by Kalawati. All the documents in this case were filed in the hand of Sukh Ram appellant. On the basis of these documents, Arun Sood appellant in his capacity as Branch Manager had sanctioned as well as released the loans of Rs. 1,800/ - and this amount was transferred to the Savings Bank Account No.875 of Kalawati after having observed formalities of the bank. Necessary transfer voucher was prepared, checked and passed by said Arun Sood, whereas thumb -mark of Kalawati on the back of this transfer Voucher had been verified by Sukh Ram appellant. The amount of this loan was withdrawn on two withdrawal forms in the sum of Rs. 900/ - each on 12.10.1983 and 20.10.1983 from the Saving Bank Account of Kalawati. Again, both the withdrawal forms were prepared by Arun Sood which purportedly had the thumb -impressions of Kalawati. On both occasions, these thumb -marks had been verified by Arun Sood. Sukh Ram appellant is further stated to have submitted an application to the Block Development Officer, Kunihar informing that since the land development work has been completed by Kalawati, the amount of subsidy needs to be released in her favour. Release of subsidy was sanctioned, however, subject to payment of Rs. 310/ - being recoverable from her which amount was deposited on 21.11.1983 in the account of Block Development Officer at Darlaghat branch of the bank. Pay - in -slip of this amount was in the hand of Arun Sood, but it had not been thumb -marked by anybody. In these circumstances, a sum of Rs. 1,000/ - being the subsidy amount was transferred to Saving Bank Account of Kalawati by Arun Sood which was withdrawn on 21.11.1983 itself on a withdrawal form again purported to be thumb -marked by Kalawati. Receipt showing disbursement of amount of subsidy to Kalawati was prepared by Arun Sood in the presence of his other co -accused Sukh Ram and one Tulsi Ram. In addition to these amounts, a further sum of Rs. 500/ -was also released in favour of Kalawati for plantation etc. by the Block Development Officer, Kunihar on the recommendation cf Sukh Ram appellant. This amount was also transferred to her Savings Bank Account No.875. This amount was also withdrawn on 14.8.1985. Another application purported to have been made by Gulaba Ram (PW -5) was also prepared and submitted by Sukh Ram appellant to the Block Development Officer for grant of Rs. 2,000/ - for land development as well as for the grant of subsidy of Rs. 1,000/ - in the name of Gulaba Ram. This application was certified by Sukh Ram appellant under his signatures. Project Officer, Solan forwarded this case to Darlaghat branch of the bank where necessary loan documents were prepared en 8.2.1983. Rama Ram (PW -3) was shown to be the surety for repayment of loan" which was alleged to have been raised by Gulaba Ram. A sum of Rs. 2,000/ - was sanctioned by way of loan and was disbursed in cash by Arun Sood on 20.3.1982 to said Gulaba Ram and vouchers were prepared, checked and passed by Branch Manager i.e. Arun Sood appellant. On 25.2.1983, application for release of subsidy is stated to have been submitted by Sukh Ram in favour of the Gulaba Ram stating that the land development work has been completed by Gulaba Ram, therefore, subsidy be released. Sanction for release of subsidy was accorded by the authority concerned on 5.3.1983 and on 18.5.1983, the same was disbursed in cash by Arun Sood appellant to a person purported to be Gulaba Ram. Receipt showing the release of this subsidy to Gulaba Ram was witnessed by Sukh Ram appellant as well as by one Ram Saran.