- (1.) The Senior Cashier working in the office of Senior Accounts officer, Mechanical Workshop, Northern Railways, Amritsar is in appeal before this Court to challenge his conviction under Section 409 IPC and Section 13 (1)(c) read with Section 13 (2) of Prevention of Corruption Act (hereinafter referred to as an 'Act') resultant and sentence of 2 1/2 years rigorous imprisonment for offence under Section 409 IPC and rigorous imprisonment for 2 years for offence under Section 13 of the Act. In addition, the appellant was also sentenced to pay fine of Rs. 2000/- and Rs. 1000/- respectively for these two respective offences for which he was convicted. Both the sentences were made to run concurrently and in default of payment of fine Rs. 2000/-, the appellant was sentenced to undergone six months rigorous imprisonment and for 3 months in case of default of payment of fine of Rs. 1000/- imposed for conviction under the Prevention and Corruption Act.
(2.) The embezzlement as alleged against the appellant surfaced when CBI team headed by Sh. S.S. Gurm, Inspector CBI, Chandigarh carried out surprise check of the cash of office where the appellant was working as Senior Cashier. This surprise raid was conducted on 11.08.1995. While the checking was on, the appellant managed to leave the cash office on the pretext of attending the office of Senior Accounts Officer for attending some official work. The appellant left behind the keys of strong room and so also the cash book. Thereafter, the appellant did not return for quite some time. The Inspector heading the team, accordingly, sealed the strong room and handed over the keys to Sh. Ram Kamal, Senior Accounts Officer working in the Mechanical workshop at Amritsar for safe custody. During this raid, the raiding party also took into possession sale suspense issue note voucher No. 1580 dated 10.03.1995 and the sale suspense issue note voucher No. 1544 dated 28.02.1995. One file containing pages marked 1 to 6 related to the surprise check, conducted by the Railway Divisional Cashier was also taken in custody. A surprise check memo was prepared, which was attested by the members of the CBI checking party and also Sh. Ram Kamal, Senior Accounts Officer. Sh. S.S. Gurm, Inspector, CBI. Alongwith other officers, the Inspector again came to the workshop on 19.09.1995 to complete the checking, which had been left after sealing. In the presence of Sh. B.B. Chopra, Sh. J.K. Kakkar, and two bank officials and also the accused, the Inspector broke open the seal of strong room. Seal opening memo, Ex. PW3/1 was prepared, which was attested by the witnesses and duly signed by the appellant. The cash in strong room was counted and found to Rs. 15,27,627/-. When tallied with the cash book, which was maintained by Dharampal-appellant, the cash in hand should have been Rs. 33,34,720/- The appellant was granted permission to complete the entries in the cash book. He, accordingly, made some entries accounting for Rs. 12,27,054/- due from other cashiers under him. This brought the amount in hand to Rs. 27,55,681/- as against Rs. 33,34,720/-. On this basis, shortage of Rs. 5,79,039/- was arrived at. The appellant recorded a note produced in the evidence as Ex.PW2/2 in his own handwriting admitting the shortage of amount as noticed. The surprise check memo was also prepared and is on record as Ex. PW3/2. This had also been signed by the appellant. On the basis of surprise check memo, regular case was registered by the Superintendent of Police, CBI, Chandigarh and so FIR/RC No. 31/95 dated 19.09.1995 registered against the appellant under Section 409 IPC and Section 13 of the Act.
(3.) During the course of investigation, the appellant also made a disclosure statement, which is exhibited on record as Ex. PW3/3. As per the disclosure statement an amount of Rs. 5,75,000/- had been kept by the appellant at his residence in Railway Colony, Amritsar. The appellant stated that the said amount can be got recovered by him. The disclosure statement was signed by the appellant and attested by witnesses. The appellant took the CBI party to his house and in the presence of Sh. B.B. Chopra, Sh. J.K. Kakkar, Sh. S.R. Shukla, Sh. P.N. Sharma and Sh. K.K. Kalia. An amount of Rs. 5,75,000/- lying in one suitcase in the bedroom of the appellant was recovered. This amount was taken in possession vide Ex. PW3/4. This was again signed by the appellant and the witnesses named above. On the basis of investigation so conducted, the CBI accused the appellant of offences under Section 409 IPC and Section 13 of the Act. After obtaining the sanction from the competent authority, the charge sheet was submitted in the Court. In support of its case, the prosecution examined as many as eight witnesses. The documentary evidence reference to which has already been made to an extent, was also produced before the trial Court, which included surprise check memo, seal opening memo and the surprise check report. The incriminating evidence and the circumstances appearing in evidence was put to the appellant during his examination under Section 313 Cr.P.C.;