M. C. Jain, J. - (1.) -In all these appeals, the parties are common and the subject matter is identical. Therefore, they are being decided simultaneously by this judgment. Only the accused Chiranji Singh, who is appellant in all the represented appeals as mentioned in the titles aforesaid, has been convicted. The remaining accused respondents Government Appeals have been acquitted excepting that Government Appeal No. 2171 of 1979 has been filed by the State against Chiranji Singh for enhancement of sentence relating to Special Case No. 3 of 1974.
(2.) THE punishments awarded to Chiranji Singh in Special Case No. 3 of 1974, 2 of 1974 and 3 of 1977 are detailed below : Special Case No. Appeal No. Sections Punishment awarded to Chiranji Singh 3 of 1974 1395 of 1979 218, I.P.C. 1-1/2 years R.I. 477A, I.P.C. 3 years R.I. 467, I.P.C. 3 years R.I. 467, I.P.C. read with Section 109, I.P.C. 3 years R.I. 468, I.P.C. 2 years R.I. 420, I.P.C. 3 years R.I. 5 (2) Prevention of Corruption Act 3 years R.I. with a fine of Rs. 16,000 and in default of payment of fine further R.I. for one year. All the sentences of imprisonment were ordered to run concurrently. 2 of 1974 1397 of 1979 218, I.P.C. 1-1/2 years R.I. 477A, I.P.C. 3 years R.I. 467, I.P.C. 3 years R.I. 467, I.P.C. read with Section 109, I.P.C. 3 years R.I. 468, I.P.C. 2 years R.I. 420, I.P.C. 3 years R.I. 5 (2) Prevention of Corruption Act 3 years R.I. and a fine of Rs. 8,000 and in default of payment of fine further R.I. for six months. All the sentences of imprisonment were ordered to run concurrently. 2 of 77 1396 of 1979 218, I.P.C. 1-1/2 years R.I. 477A, I.P.C. 3 years R.I. 467, I.P.C. read with Section 109, I.P.C. 3 years R.I. 468, I.P.C. 2 years R.I. 420, I.P.C. 3 years R.I. 5 (2) Prevention of Corruption Act 3 years R.I. and a fine of Rs. 4,000 in default of payment of fine further R.I. for three months. 3 of 77 1398 of 1979 218, I.P.C. 1-1/2 years R.I. 477A, I.P.C. 3 years R.I. 467, I.P.C. read with Section 109, I.P.C. 3 years R.I. 468, I.P.C. 2 years R.I. 420, I.P.C. 3 years R.I. 5 (2) Prevention of Corruption Act 3 years R.I. and a fine of Rs. 12,000 and in default of payment of fine, further R.I. for nine months. All the sentences of imprisonment were ordered to run concurrently. The sum and substance of the matter is that there are allegations of fraud, malpractice as also of criminal conspiracy (culminating in embezzlement of public money) in supply of petrol/diesel by M/s. Diesel Engineering Company Ltd. and M/s. Mahalaxmi Motors to the police department. There was fabrication of records, stock book etc. and issuance of fake coupons by the accused-appellant Chiranji Singh for the supply of petrol/diesel. The supply of diesel and petrol related to the period between 1.4.1967 and 31.3.1970. The records maintained in this regard did not depict the correct picture and over 400 entries were allegedly made in the records of police department which were fake. Raj Kumar Singh was posted as R.I. in Police Lines, Rampur, consisting of several departments including the department of motor transport. His duty was to maintain the stock register regarding daily issue of petrol/diesel. The convicted accused Chiranji Singh was Head Constable, Motor Transport Section. Ram Chandra Gupta and Suresh Chandra Gupta were the partners of M/s. Diesel Engineering Company Ltd., Rampur (supplier). Amrik Singh, Ratan Singh, O. N. Sharma and Nirankar Saran were the partners of M/s. Mahalaxmi Motors (another supplier). There was allegedly conspiracy amongst all of them to cheat the Government with the preparation of fake vouchers for supply of petrol/diesel and fraudulently obtaining payment of the bills. The amount involved was allegedly to the tune of Rs. 55,621.57 p., which came to light for the first time concerning the period 1.4.1967 to 31.3.1970. Though fuel was not at all supplied, yet on the basis of preparation of incorrect record and fake coupons, the payment was obtained from the police department. The persons involved were allegedly Chiranji Singh, Head Constable, Motor Transport and Raj Kumar Singh R.I. It was the duty of R.I. and Head Constable, Motor Transport to go to the petrol pump and to get the fuel supplied to particular vehicles after delivery of both the parts of the coupons at the petrol pump. The dealers used to prepare daily credit memos on the basis of the entries made in the coupon and consolidated monthly bill was sent to the Police Lines, Rampur along with one of the two parts of the coupons. On the monthly bill, the R.I. used to give a certificate and forward the bill to S.P., Rampur for sanction. On the strength of the aforesaid certificate of the R.I. and after checking the rate and total amount, orders for payment were being passed by the S.P. or the officer authorised in this behalf. Thereafter, the amount was being paid to the dealer through Police Lines, Rampur. The receipt of the payment acknowledged by the dealer was subsequently sent to the Police Lines, Rampur for record.
(3.) FRAUD came to light when Sri Shanti Swarup Sharma, Deputy Superintendent of Police, on checking of the work of Motor Transport Section on the direction of the then S.P., Rampur, detected such false entries of supplying fuel during the months of January, February and March, 1970. The amounts involved in the special cases were as under : Case No. Amount involved Special Case No. 3 of 1974 Rs. 55,621.97 p. Special Case No. 2 of 1977 Rs. 14,990.61 p. Special Case No. 2 of 1974 Rs. 26,555.18 p. Special Case No. 3 of 1977 Rs. 30,485.75 p. Four separate cases came to be registered and tried in which judgments were recorded as above. A number of prosecution witnesses were examined in support of the prosecution. Documentary evidence is also there. Partners/proprietors of petrol pumps concerned denied any conspiracy on their part.;