B.S. Verma, J. -
(1.) SINCE both the criminal appeals, have been filed against the same judgment, therefore, for the sake of convenience, both these appeals were heard together and are being decided by this common judgment. Both the appeals have been filed against the judgment and order dated 19 -10 -2002, whereby the accused/appellant P.D. Sharma has been convicted under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act 1988, and was sentenced to undergo two years R.I. and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo six months R.I. Accused/appellant P.D. Sharma, was also held guilty U/S 467 I.P.C. and was sentenced to undergo three years R.I. and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo six months R.I. He was also held guilty U/S 468 I.P.C. and was sentenced to undergo two years R.I. and to pay a fine of Rs. 2,000/ - and in default of payment of fine to further under one month's R.I.
(2.) ACCUSED /appellant Bijendra Singh was held guilty U/S 420 I.P.C. and he was sentenced to undergo five years R.I. and to pay a fine of Rs. 20,000/ - and in default of payment of fine to further undergo six months R.I. Accused/appellant Bijendra Singh was also held guilty U/S 471 I.P.C. and was sentenced to undergo three years R.I. and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo three months R.I. However, the sentences awarded to both the accused/appellants were directed to run concurrently. Brief facts of the prosecution case are that Public Works Department, Haridwar, published notification in the Newspapers, inviting tenders for the contract to collect Toll Tax at Cable Stayed Bridge, Haridwar. The last date of submission of tender was 4 -4 -1992. Accused Bijendra Singh, who is proprietor of M/s Shiva Traders, Civil Lines, Roorkee, District Haridwar, participated in the auction of contract. On receipt of a reliable information that while accused/appellant P.D. Sharma was posted and functioning as Branch Managr, Nagal Soti Branch, Punjab National Bank, District Bijnor, during the year 1992 entered into a criminal conspiracy with co -accused/appellant Bijendra Singh, with the object to cheat the said Branch of P.N.B., an F.I.R. was lodged by C.B.I. SPE Dehradun against both the accused/appellants. In the F.I.R. it has been mentioned that the accused/appellants hatched a criminal conspiracy, with the object to cheat the said Branch of P.N.B. to the extent of Rs. 25,74,000/ -. In pursuance to the aforesaid criminal conspiracy accused/appellant Bijendra Singh opened a Multi Benefit Deposit Account No. 1354 and Rs. 10,000/ - were deposited in the said bank account on the same for issuing a Fixed Deposit Receipt in favour of Work Superintendent, Public Works Department, Haridwar. Accused P.D. Sharma prepared and issued a forged FDR No. QDB - for Rs. Ten lacs instead of Rs. 10,000/ -. The said F.D.R. was knowingly utilized by co -accused Bijendra Singh for depositing as security money to participate in the auction of contract of collection of Toll Tax at the Cable Stayed Bridge, Haridwar. It is further alleged in the F.I.R. that accused Bijendra Singh opened two F.D.R. Account Nos. 1401 and 1402 on 30 -11 -1992 and Rs. 8,000/ - each were deposited for preparing two F.D.Rs. in favour of Work Superintendent Public Works Department, Haridwar. On the same day accused P.D. Sharma dishonestly and fraudulently issued two forged F.D.R. Nos. QDB -101365 and 101366 for Rs. Eight lacs each instead of Rs. 8,000/ - each. Both the said F.D.Rs. were utilized for security deposit in the auction of contract of Toll Tax Collection at Chandi Ghat Bridge, Haridwar. It was further mentioned in the F.I.R. that accused P.D.Sharma adopted corrupt or illegal means and obtained pecuniary advantage of Rs. 25,74,000/ - either for himself or for co -accused Bijendra Singh by abusing his position as public servant causing corresponding loss to the P.N.B. or P.W.D. Haridwar and the aforesaid facts disclose commission of the offences punishable U/s 120B, 420, 467, 468, 471 I.P.C. and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. Case crime No.RC - 15(A)/93 -DAD was lodged on 30 -7 -1993 at 2.30P.M. against both the accused. The F.I.R. is Ext. Ka. 26.
(3.) THE Superintendent of C.B.I. entrusted the investigation to Inspector Sri R.K. Verma. The investigating officer seized 18 documents from the Punjab National Bank and prepared seizure memo Ext. Ka.27. He also seized some other documents and prepared seizure memo Ext. Ka.28. Counter -foil, in original was also seized and seizure memo Ext. Ka. 29 was prepared. During investigation the investigation officer also obtained the specimen signatures of accused P.D. Sharma and Bijendra Singh. Specimen signatures and writing of accused P.D.Sharma, Ext. Ka. 30/1 to Ka -30/128, were obtained jointly, whereas specimen signatures and writing of another accused Bijendra Singh Ext. Ka.31/1 to Ka -31/86 were also taken jointly. The investigating officer also obtained the specimen signatures of some other persons. The disputed documents as well as the specimen writings and signatures were sent to Handwriting Expert through letter Ext. Ka.23. The report of Handwriting Expert was obtained, which is Ext. Ka.23. The I.O. also obtained sanction Ext. Ka.1 to prosecute the accused P.D. Sharma. After completion of the investigation the I.O. has submitted charge sheet Ext. Ka.35 against the accused persons U/Ss 120B, 467, 468, 471 I.P.C. and U/S 13(2) read with Section 13(1)(d) of Prevention of corruption Act, and forwarded the charge sheet to the court.;