L.NAGESWARA RAO,J. - (1.) Leave granted. The Appellant was convicted under Sections 420, 471, read with Section 465 of the Indian Penal Code, 1860 (for short "the IPC) and Sections 13(1)(c), (d) and 13(2) of the Prevention of Corruption Act, 1988 (for short the PC Act). The Appellant was sentenced to undergo rigorous imprisonment of three years for the offences punishable under the IPC and two years for the offences punishable under the PC Act. The conviction and sentence of the Appellant was affirmed by the High Court, aggrieved by which the above appeal is filed.
(2.) The Animal Husbandry Officer, Gohan-Go-Vikas-Prakhand, Muzaffarpur, received information that wrongful withdrawal of treasury bills was being made. He constituted a Committee for scrutinizing the suspected bills. The Committee found that an amount of Rs. 6,00,000/- was embezzled. On the basis of the report submitted by the Animal Husbandry Officer, P.S. case no.200/ 95 was registered under Sections 467, 468, 420 and 409 of the IPC. Pursuant to orders passed by the High Court of Judicature at Patna and this Court, all cases pertaining to misappropriation of funds in the Animal Husbandry Department were directed to be investigated by the Central Bureau of Investigation (CBI). The CBI registered a case No.30/A/96- Pat under Sections 120(b), 467, 468, 420 read with 409 and Section 13(1)(c) and (d) of the PC Act. On completion of the investigation, a charge sheet was filed and cognizance was taken by the Court on 19th February, 1997. Charges were framed against the Appellant and two others for wrongful withdrawal and misappropriation of money from the treasury on the basis of the forged bills.
(3.) The prosecution examined 22 witnesses and several documents were filed to prove the charges against the Appellant and other accused. The Appellant who was working as Dealing Assistant in the Treasury received three bills Exhibit 3/5 - 3/7 and recommended them for payment, though, he was not authorised to deal with the bills of Animal Husbandry Department. These bills were not brought to the treasury through messenger book. The evidence of PWs 8, 10, 11, 12, 13, 14 and 18 was relied upon by the prosecution to prove that the Appellant was guilty of the charge.;