Joymalya Bagchi, J. - (1.) BOTH the appeals are directed against a common judgment and order of conviction and sentence. Hence they are taken up together for hearing and disposed of by a common judgment.
(2.) THE appeals are directed against the judgment and order dated 29th March, 2010 passed by the learned Judge, Special (C.B.I.) Court of Bichar Bhawan, Calcutta in R.C./Special (C.B.I.) Case No. 97 of 2006 convicting the appellant Deolal Shaw (appellant in CRA No. 259 of 2010) under Section 120B and 465 of the Indian Penal Code read with Section 471 and 420 of the Penal Code and also convicting him for commission of offence under Section 5(1)(d) of the Prevention and Corruption Act, 1947 and sentencing him to suffer simple imprisonment for one year and to pay a fine of Rs. 1,000/ - in default to suffer further simple imprisonment for five months on each count for the offences punishable under Sections 120B, 465 of the Indian Penal Code read with Section 471 and 420 of the Penal Code and under Section 5(2) of the Prevent and Corruption Act, 1947, and convicting the appellant Prasanta Kumar Das (appellant in CRA No. 260 of 2010) for commission of offence under Section 120B, 468 and 109 of the Indian Penal Code read with Section 420 of the said Code and sentencing him to suffer simple imprisonment for one year and to pay a fine of Rs. 1,000/ - in default to suffer further simple imprisonment for five months on each count for the offence punishable under Sections 120B, 468 and 109 of the Indian Penal Code read with Section 420 of the said Code, all the sentences shall run concurrently. The prosecution case, as alleged, against the appellants is to the effect that the appellant Deolal Shaw, one Kushal Singh, one M.L. Bhattacharjee (since deceased) being employees of the Durgapur Steel Plant in collusion with the appellant Prasanta Kumar Das, proprietor of M/s. North Calcutta Tourist Centre cheated Durgapur Steel Plant Authority fraudulently claiming leave travel concessions by submitting fabricated documents, e.g. money receipts issued by M/s. North Calcutta Tourist Centre relating to a fictitious tour. The appellant Deolal Shaw obtained Rs. 2940/ - on 28.06.1979 as advance by submitting an application for travel from Durgapur to Trivandrum and back. He submitted false and fabricated money receipt being No. 731 issued by M/s. North Calcutta Tourist Centre indicating that he alongwith family members undertook journey from Durgapur to Trivandrum and back by bus bearing registration no. WBY 3077 between 30.06.1979 and 16.07.1979. Similarly other accused persons viz. Kushal Singh and M.L. Bhattacharjee had fraudulently obtained leave travel concessions from Durgapur Steel Plant. In the course of investigation, it transpired that appellant Prasanta Kumar Das, proprietor of M/s. North Calcutta Tourist Centre had issued false money receipts in favour of the said accused persons. The bus bearing registration no. WBY 3077 did not travel between Durgapur and Trivandrum during that period but had been hired by Secretary, West Bengal Lawyer's Democratic Association to carry delegates from Calcutta to Siliguri and on the return journey, the bus had met with an accident on 21.05.1979 on the V.I.P. Road under Lake Town P.S. As a result, the bus was kept in a garage of M/s. Prince Motors for repairs from 23.05.1979 to 14.07.1979. It also transpired that there was no route permit in respect of the said bus for travel from Durgapur to Trivandrum during that period. It was, therefore, clear that the appellant Deolal Shaw and others being employee of Durgapur Steel Plant in collusion with appellant Prasanta Kumar Das, proprietor of M/s. North Calcutta Tourist Centre submitted false and fictitious money receipts and cheated Durgapur Steel Plant authorities of various leave travel concession amounts, particularly to the tune of Rs. 2940/ - in respect of appellant Deolal Shaw. In conclusion of investigation, charge -sheet was submitted against the appellant Deolal and other co -accused persons under Section 120B, 465 of the Indian Penal Code read with Section 471, 420 of the said Code and also under Section 5(1)(d) read with Section 5(2) of the Prevention and Corruption Act, 1947 and against appellant Prasanta Kumar Das under Section 120B, 468 and 109 read with Section 420 of the Indian Penal Code. Charges were framed under the aforesaid sections against appellant Deolal and others and appellant Prasanta Kumar Das respectively. In the course of trial Mr. M.L. Bhattacharjee expired and the case abated against him. Kushal Singh absconded and the case was filed against the said accused person. During trial, prosecution examined as many as 21 witnesses and exhibited a number of documents. The defence of the appellants was of innocence and false implication. In order to probabilise their defence the appellant Prasanta Kumar Das, examined himself as D.W. 1. In conclusion of trial the Trial Judge by the judgment and order dated 29th March, 2010 convicted and sentenced the appellant Deolal Shaw (appellant in CRA No. 259 of 2010) and appellant Prasanta Kumar Das (appellant in CRA 260 of 2010), as aforesaid.
(3.) APPELLANT Deolal Shaw has assailed the conviction and sentence in CRA No. 259 of 2010 while appellant Prasanta Kumar Das appealed against such conviction and sentence in CRA No. 260 of 2010. The appeals having been heard analogously and are being disposed of by a common judgment and order.;