P.N.Sinha, J. - (1.) Both the appeals are directed against the judgment and order of conviction dated 15.12.1992 passed by the learned Special Judge, 1 st Special Court, Midnapore in Sessions Trial No. 2/96 thereby sentencing the accused appellants Ramendra Prasad Mukherjee (appellant of CRA No.59/92) to suffer Rigorous Imprisonment of 7 years for offence under section 409 of the Indian Penal Code (in short IPC) and to pay a fine of Rs.3,000/- in default to suffer Rigorous Imprisonment for one year. The said appellant was also sentenced to suffer Rigorous Imprisonment for three years and to pay a fine of Rs.1,000/- in default to suffer Rigorous Imprisonment for six months for offence under section 420 IPC. The accused appellant Achintya Ranjan Das (appellant of CRA No. 46/92) was sentenced to suffer Rigorous Imprisonment for seven years and to pay fine of Rs.3,000/- i.d. to suffer Rigorous Imprisonment for one year for offence under sections 409, 420, 109 of IPC He was further sentenced to suffer Rigorous Imprisonment for three years and to pay fine of Rs.1,000/- in default to suffer Rigorous Imprisonment for six months for offence under section 420 of IPC Being aggrieved by and dissatisfied with the judgment and order of conviction and sentence the accused appellants preferred two separate appeals. A Division Bench of this Court by order dated 1.4.92 passed in Criminal Appeal No.59/92 directed that this appeal shall be heard along with Criminal Appeal No.46/92 and there was direction for preparation of a common paper book for both the appeals.
(2.) Mr. Himanshu De, learned senior advocate appearing for the appellant Achintya Ranjan Das in CRA No.46/92 submitted that the other appellant Ramendra Prasad Mukherjee, who preferred Criminal Appeal No.59/92 is dead. Though Mr. Dey was not the learned advocate for Ramendra Prasad Mukherjee who preferred CRA No. 59/92, he produced a certificate of death issued by the Midnapore Municipality to show that the appellant of CRA No. 59/92 Ramendra Prasad Mukherjee expired on 26.8.96 at his residence during pendency of the appeal. Accordingly, criminal appeal being CRA No. 59/92 is abated due to death of the appellant during pendency of the appeal.
(3.) The prosecution case, in short, is that between 20.7.78 to 7.1.78 accused Ramendra Prasad Mukherjee, an advocate (since deceased), practicing in Midnapore Court by making false personification in collusion with the appellant Achintya Ranjan Das, KGO of L.A. Office (Haldia) at Tamluk committed criminal breach of trust and cheating in respect of compensation amount payable to the awardees on the basis of forged power i.e. 'Vakalatnama'. The modus operandi of the accused persons appeared that the advocate accused filed petitions for withdrawal of compensation money against awards in favour of appropriate awardees by filing fictitious and forged vakalatnamas. Thereafter the said cases were enquired into by the KGO another accused Achintya Ranjan Das and in each case the said KGO submitted report that he contacted the party and recommended payment. Accordingly, payment voucher in each case was handed over to the said advocate Ramendra Prasad Mukherjee at Midnapore office but, subsequently the appropriate awardees complained to the Additional SDO, Haldia that they did not execute any power or vakalatnama in favour of the said advocate accused and they did not receive any payment. The breach of trust, cheating and forgery was committed by the advocate accused Ramendra Prasad Mukherjee in collusion with the accused Achintya Ranjan Das, KGO.;