SOHAN LAL JAIN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) ALL the appeals are being heard together and being disposed of by common judgment as all these appeals arise out of the same judgment of conviction dated 19.07.2012 and order of sentence dated 23.07.2012, passed by Special Judge, C.B.I. III, Patna in Special Case No. 3/2000/RC No. 9(S) of 1996.

(2.) THE appellants have been convicted under Sections 419, 420, 467, 468 read with Section 120(B) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 10,000/ - for the offence under Sections 467/120B of the Indian Penal Code and in default of fine they shall suffer simple imprisonment for six months. Further sentenced to undergo rigorous imprisonment for three years and fine Rs. 5,000/ - for the offence under Sections 468/120B of the Indian Penal code and in default of fine they shall further suffer simple imprisonment for three months. Further sentenced to undergo rigorous imprisonment for one year for offence under Sections 419/120B of the Indian Penal Code. Further sentenced to undergo rigorous imprisonment for three years and fine of Rs. 5,000/ - for the offence under Sections 420/120B of the Indian Penal code and in default of fine they shall further suffer simple imprisonment for three months. Further sentenced to undergo rigorous imprisonment for five years and fine of Rs. 5,000/ - form the offence under Sections 471/120B of the Indian Penal code and in default of fine they shall further suffer simple imprisonment for three months. Further the convicts Sohan Lal Jain, Kishori Lal Rajore and Kalu Ram Rajak sentenced to undergo rigorous imprisonment for five years and fine Rs. 10,000/ - for the offence under Section 13(2) of P.C. Act and in default of fine they shall suffer simple imprisonment for six months. All the sentences have run concurrently.

(3.) THE prosecution case as per the investigation by Police is that accused Dinesh Kumar Sharma, kingpin of the occurrence got formats of pension payment orders,(PPOs) format of forwarding letters and forms of descriptive rolls printed at Patna. Dinesh Kumar Sharma employed Md. Ajaj Hussain Rizvi, (P.W. 7) typist to fill in formats of the PPOs and forwarding letters. Md. Ajajz Hussain Rizvi (P.W. 7) was paid for filling the format on his typewriter. The format of PPOs and forwarding letters were filled (typed) by Ajaj Hussain Rizvi on his portable typewriter on payment made by accused Dinesh Kumar Sharma and accused Yugal Kishore Sinha. The PPOs were shown to be issued from the office of Defence Account Pension Office, Allahabad. Forwarding letters were shown to have been issued by Record Office, Army Supply Crop, Bangalore and Record Room, Army Ordinance Crop, Secunderabad. The PPOs were filled up Ajaj Hussain Rizvi (P.W. 7) in the format in the fake name and fake PPOs. Numbers (Exhibit to 6 to 6/19) and fake descriptive rolls (Exhibit 7 to 7/14) proved by P.W. 7 Ayaz Hussain Rizvi. Forged PPO No. and fake names mentioned in PPO.s are being (PPO No. S/02527/93 in the name of Madan Singh, PPO No. S/01914/93 in the name of Nageshwar Singh, PPO No. S/01917/93 in the name of Mahendra Singh, PPO No. S/01984/93 in the name of Mohan Singh, PPO No. S/01987/93 in the name of Ram Kumar, PPO No. S/01960/93 in the name of Shyam Singh, PPO no. S/01981/93 in the name of Ram Singh, PPO No. S/02877/93 in the name of Ram Lal, PPO No. S/02875/93 in the name of Manoj Ram, PPO No. S/01870/93 in the name of Raja Ram, PPO No. S/01855/93 in the name of Sanjay Singh, PPO No. S/01921/93 in the name of Ram Singh, PPO No. S/02196/93 in the name of Mahesh Singh, PPO No. S/02194/93 in the name of Bilash Singh, PPO No. S/01992/93 in the name of Ram Kumar, PPO No. S/01857/93 in the name of Sohan Singh, PPO No. S/01862/93 in the name of Ashok Singh, PPO No. S/01902/93 in the name of Rajan Singh and PPO No. 02198 in the name of Daya Ram.)