A K DATTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed by Dr. A. K. Datta against the judgment of the learned Special Judge for Rajasthan, Jaipur, in Case No. 9/1964, by which he was convicted under sec. 5 (l) (c) read with sec. 5 (2) of the Prevention of Corruption Act and sec. 471, I. P. C. and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-, in default of payment of fine to further suffer rigorous imprisonment for one month on the first count and on the second to undergo rigorous imprisonment for six months and to pay a fine of Rs. 100/-, in default of payment of fine to further suffer rigorous imprisonment for one month. Both the sentences however, were directed to run concurrently.

(2.) THE prosecution case against the appellant was that in the year 1961 he was appointed Officer Incharge, Desert & Gangetic Plains, Zoological Survey of India at Jodhpur. Shri M. R. Mondal and Chandan Singh were working under him on the posts of Upper Division Clerk and Lower Division Clerk respectively. It was alleged that during this period Dr. A. K. Datta entered into a criminal conspiracy with M. R. Mondal and Chandan Singh to do or cause to be done illegal acts, such as offences of criminal misconduct and of forging public documents in discharge of his official duties. In pursuance of the said conspiracy, Dr. A. K. Datta asked Chandan Singh to show the names of Nathu Singh, Laxman Singh, Babulal, Laxmi Bai, Rukma and Ashkaran Singh in the official record as persons having been employed as casual labourers in his office, although he knew it well that such persons were never employed by him to do any office work. Dr. A. K. Datta employed maid servants, namely, Laxmi Bai, Rukma etc. from time to time for doing his domestic work but their wages were paid out of the Government funds by him in collusion with Mondal and Chandan Singh Clerks. According to the prosecution, Dr. A. K. Datta got false-muster-rolls-cum-pay sheets prepared by Chandan Singh and Mondal in the name of fictitious casual labourers for making payment of wages to these maidservants at the rate of Rs. 2/-, per day. In this manner, Dr. A. K. Datta was alleged to have misappropriated or converted to his own use a total sum of Rs. 358. 12 P. with the help of the aforesaid two subordinates, who entered the names of fictitious casual labourers in the official record and falsely drew and disbursed wages in their names by obtaining forged thumb impressions on pay bills against their names in the following manner : - Sl. No. Name of labourer charged in muster sheet. Period for which amount was charged @ Rs. 2/-, per day. No. of days shown as having worked in the muster sheet. No. of days shown as absent in muster sheet. amount actually drawn and shown disbursed. 1 Nathu Singh 2. 1. 61 to 14. 1. 61 12 - 24/- 2 do 16. 1. 61 to 15. 2. 61 23 - 46/- 3 do 16. 2. 61 to 28 2. 61 11 - 22/- 4 do 1. 3. 61 to 22. 3. 61 17 - 34/- 5 do 1. 4. 61 to 19. 4 61 15 4 30/- 6 do 1. 5. 61 to 10. 5. 61 10 2 18. 06 7 do 21. 5. 61 to 10. 5. 61 10 3 18. 06 8 Laxman Singh 1. 6 61 to 8. 6. 61 8 1 14/- 9 Babulal 12. 6 61 to 17. 6 61 6 - 12/- 10 Laxman Singh 21. 6. 61 to 30 6. 61 10 2 16/- 11 do 10. 7. 61 to 17. 7. 61 8 1 14/- 12 do 22. 7 61 to 31. 7. 61 10 2 16/- 13 Laxmi Bai 1. 8. 61 21. to 8. 61 21 6 30/- 14 Kaluram 30. 10. 61 to 4. 11. 61 6 - 12 15 Rukma 20. 11. to 61. 4. 12 61 15 3 24/- 16 do 5. 12. 61 to 19. 12 61 15 3 24/- 17 Ashkaran Singh 19. 12 61 to 30. 12. 61 2 - 4/- Rs. 358/12 A criminal case No. RC. 36/62 was registered against Dr. A. K. Datta on 31st December, 1962, by Shri A. R. Khan, Superintendent of Police, Special Police Establishment, Jaipur. THE case was partly investigated by Shri Surendra Singh, Inspector but, later on, the investigation of this case was handed over to Shri Ram Chandra, P. W. 22, on 10th May, 1963, by the Superintendent of Police, Special Police Establishment, Jaipur. Shri Ram Chandra recorded statements of prosecution witnesses and took thumb impressions of Laxmi Bai, Laxman Singh, Nathu Singh and others and sent them to Finger Print, Bureau. After receiving opinion of the Finger Print Expert, Shri Ram Chandra obtained requisite sanctions to prosecute Dr. A. K. Datta and his subordinates namely, M. R. Mondal and Chandan Singh. On completion of the investigation he filed a chaege-sheet against the appellant and his associates in the court of the Special Judge No. 2, Jaipur City. THE learned Judge proceeded to try the appellant and his associates. During the course of trial, Chandan Singh turned an approver and gave evidence against Dr. A. K. Datta and N. R. Mondal. THE learned Special Judge completed the trial and found Dr. A. R. Datta guilty of the offence punishable under sec. 471 I. P. C. and sec. 5 (1) (c) read with sec. 5 (2) of the Prevention of Corruption Act, 1947. He, however, acquitted Dr. Datta of the charge of criminal conspiracy punishable under sec. 120-B I. P. C. THE other co-accused M. R. Mondal was not found guilty of any offence. So he was acquitted of all the charges framed against him at the trial.