- (1.) Petitioner was convicted and sentenced under Sections 411, 468, 471 and 420 of the Indian Penal Code by the Chief Judicial Magistrate Kurukshetra on 29/11/1985. Appeal filed by the petitioner was partly allowed by the Additional Sessions Judge on 5-9-1986. Conviction and sentence of the petitioner under Section 411 Indian Penal Code was set aside. Conviction under Sections 468, 471 and 420 of the Indian Penal Code was maintained. Sentence of the petitioner was reduced from three years to two years under Section 468 I.P.C. from three years to two years under Section 471 I.P.C. as also from three years to two years under Section 420 Indian Penal Code. However, the substantive sentences awarded to the petitioner were ordered to run concurrently. Sentence of fine imposed by the trial Court was maintained.
(2.) The prosecution story in brief is as follows :- Satranji Lal petitioner hailed from Delhi. On 8-12-1976 he happened to go to railway station Banga. There he met its Station Master, Kedar Nath, PW-2, and misrepresented to him that he had come there to collect figures regarding booking of wagons of coarse grain under the directions of Agriculture Ministry, Government of India, He misled the Station Master and inspected the record of the Railway Station. In this process he removed one R. R. book containing blank railway receipts numbering 590309 to 590350 from the said railway station. In order to prosecute his plan, Satrangi Lal went to Shahbad Markanda Tehsil, Thanesar, District Kurukshetra. There he contracted Daryai Lal, said to be his old friend. Satrangi Lal told Daryai Lal that he wanted to start a firm in the name and style of M/s Arjan Mal Jagan Nath and for that he sought his help. With the help of his friend, Satrangi Lal took a shop from Om Prakash, through Subhash Chand commission agent and opened his office therein. Satrangi Lal then purchased articles of furniture for his office, got the name of the firm inscribed and got bill books and other necessary forms and letter pad in the name of his firm printed. He employed Diwan Chand as munim. He got his accounts opened in the Punjab National Bank and New Bank of India Shahbad having been introduced through Shri Ram PW and Sunder Lal PW. After establishing the office and employing his munim and opening accounts with the banks Satrangi Lal started writing letters to various firms in India. All those letters were written by the munim employed by him. He sought supply of dals through railway wagons. His efforts were crowned with success and Satrangi Lal succeeded to seek orders for the supply of dals from various firms. It was agreed that Satrangi Lal will send railway receipts and hundis through the Bank. Satrangi Lal used the railway receipts and R.Rs allegedly stolen by him from railway station Banga, prepared false railway receipts, hundis and sent the same to various banks. On receipt of these hundis, the firms concerned made payment to the banks and in all a sum of Rs. 2,20,000.00 was credited in the accounts of Satrangi Lal opened in Punjab National Bank and New Bank of India at Shahbad. Out of this amount, Satrangi Lal withdrew Rs. 1,10,000.00. The remaining amount lay deposited with the two banks mentioned above in the account of Satrangi Lal. It so happened, as expected, the firms sending the money did not get dals through railway. Obviously they made enquiries from the railways as well as from the banks. The situation gathered publicity and ultimately the matter came to the notice of the police which registered a case against Satrangi Lal and started investigation. The parties produced documents before the police. The accused also admitted the facts before the police during the course of investigation. Thus the investigation by the police culminated into presenting a challan against Satrangi Lal in the Court of Chief Judicial Magistrate Jullundur.
(3.) Prosecution to prove its case examined PW-1 Markandeoy Singh, D.I.G., PW-2 Kedar Nath, PW-3 Siri Ram, PW-4 Darai Lal, PW-5 G. D. Kaushik, Bank Manager, New Bank of India, PW-6 Sunder Lal of Printing Press Shahbad, PW-7 Kewal Babu, Cleark Municipal Committee, Thanesar, PW-8 B. K. Bansal, Accountant New Bank of India Shahbad, PW-9 Gaja Nan Anand Mulye, Principal Foreman Eastern Railway Police, PW-10 Keshav Purshottam Kini, Advocate formerly posted as a Manager, New Bank of India, Baroda Branch in January 1977, PW-11 D. D. Johni, Deputy Chief Officer, Central Bank of India, Bombay, PW-12 Noshir Jahangir Gandhi, Accountant Central Bank, PW-13 N. C. Mehta, Sub-accountant, Central Bank of India, PW-14 Sumer Chand, Shop Keeper Shahbad, PW-15 Dayal Chand, Carpenter Shahbad, PW-16 Tilak Raj, Photographer, PW-17, Parkash Chand, Carpenter, PW-18 Parveen Chander partner M/s. Dalia Hari Lal Zaverdas Wadi Bambha Thana, PW-19 Madan Mohan, Superintendent Printing and Stationary Northern Railway School Basti Delhi, PW-20 Lajpat Rai, Booking Clerk, Railway Station Ludhiana, PW-21 Kewal Krishan, Clerk Post Office, Shahbad Markanda, PW-22 Ranjit Singh, Shopkeeper Shahbad, PW-23 Sohan Singh Cultivator of Shahbad, PW-24 Subhash Chander, Commission Agents Shahbad, PW-25 Diwan Chand, Tea vendor, PW-26 Sh. Tirlok Chand, retired Station Master, PW-27 Bahaldev Singh, Rubber Stamp Manufacturer, PW-28 Bansi Lal, Commission Agents, PW-29, Dinesh Chander Partner M/s Manju Lal Bhai Lal Ahmedabad, PW-30 Parveen Chander partner firm M/s Dalia Hari Lal Javer Dass Wari Bombar Thana Distt. Baroda, PW-31 Pawan Kumar son of Om Parkash, Shopkeeper Shahbad, PW-32 Sunder Lal Gupta, retired Manager Punjab National Bank.;