JUDGEMENT
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(1.)This case arises out of an application filed under Section 377 of the Code of Criminal Procedure, 1973 against the sentence imposed on 3-6-1996 by Shri P.W. Paljor, Judicial Magistrate, East in Criminal Case No. 56 of 1995 after convicting the accused persons under Sections 380/368/471/420/34, I.P.C.
(2.)The prosecution case was that accused Dorjee Sherpa and Ajoy Gurung were working as Typist and Peon respectively in the Department of Pension under the Government of Sikkim. The other accused Lakpa Sherpa was a close associate of accused Dorjee Sherpa. Karma Bhutia was another associate. Shri M. B. Ruchal was the Chief Accounts Officer, Pension Section. It was alleged that all of them hatched up a plan to fraudulently withdraw cheques from Pension Section of the Finance Department and to get those cheques enacashed from different banks in Sikkim. Pursuant to the plan accused Dorjee Sherpa managed to take out letter heads and office seal of the Chief Accounts Officer, Pension Section with the assistance of accused Ajoy Gurung. Accused Dorjee and Karma prepared false requisition letters under forged signature of the Chief Accounts Officer, Pension Section and with the use of the letter heads and office seal. This way they obtained cheque books from Pay and Accounts Office. Several cheques were encashed and a total sum of more than Rs. 2,33 lakhs was fraudulently collected and misappropriated.
(3.)On the complaint of the Chief Accounts Officer, Pension Department police took up investigation in course of which endeavours were made to verify the signatures. It was ultimately found that accused Karma Bhutia had actually forged the signatures of the Chief Accounts Officer, Pension Cell. On completion of investigation police submitted charge sheet against accused Dorjee, Lakpa, Ajoy and Karma. Since no evidence could be collected against accused M. B. Ruchal, no charge sheet was filed against him. Accused Karma Bhutia was however shown as absconder till that date.
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