M.M.AGGARWAL,J - (1.) THIS judgment shall dispose of two separate appeals i.e. Crl. Appeal No. 1116-SB of 2001 filed by Prithvi Singh and Crl. Appeal No. 1117-SB of 2001 filed by Shiv Kumar appellants.
(2.) VIDE judgment dated 4.9.2001 of Special Judge, Chandigarh, Prithvi Singh and Shiv Kumar accused/appellants had been convicted for offence under Sections 120-B IPC and 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act, 1988. Shiv Kumar was further convicted for offence under Sections 409/471 and 477-A IPC. Both the accused had been sentenced for offence under Section 120-B IPC, to undergo RI for 1 year each and to pay fine of Rs. 500/- each and in default of payment of fine to further undergo RI for 1 month. For offence under Section 13(2) read with Section 13(1)(c) of Prevention of Corruption Act, they were sentenced to undergo RI for 1-1/2 year each and to pay fine of Rs. 1000/- each and in default of payment of fine to further undergo RI for 2 months each. Shiv Kumar appellant was further sentenced to RI for 2 years and to pay fine of Rs. 1000/- and in default of payment of fine to further undergo RI for two months under Section 409 IPC. Shiv Kumar appellant was further sentenced under Section 471 IPC to undergo RI for 1 year and to pay fine of Rs. 500/- and in default of payment of fine to undergo further RI for 1 month. Shiv Kumar appellant was further sentenced to undergo RI for 1-1/2 years under Section 477-A IPC. All the substantive sentences were directed to run concurrently. Prosecution case against the appellants is that Shiv Kumar was working as Fee Clerk in Central Registration Department, Post Graduate Institute of Medical Education and Research, Chandigarh (PGI), whereas Prithvi Singh was posted and working as Internal Auditor in that department during the year 1992. Shiv Kumar as Fee Clerk was depositing lesser amount with the cashier of the Institution than collected. The modus operandi adopted was that he used to forge the office copy of the receipt for lesser amount, whereas the actual amount received was shown in original receipts which was pasted in the register. Balance amount was being misappropriated by Shiv Kumar causing loss to the Institute. The forgery had been in respect of 21 receipts vide which amount to the tune of Rs. 21,775/- had been collected, whereas in the counter-foils of those 21 receipts, Rs. 568/- were shown and in this way, a sum of Rs. 21,207 was misappropriated by Shiv Kumar. The prosecution case further was that it was the duty of Prithvi Singh, Internal Auditor, to keep check. He had connived with Shiv Kumar.
(3.) AFTER registration of the case, investigation had been taken up by the CBI and then accused-appellants were challaned. After trial, the case against them was found to be duly proved. They were convicted and sentenced as aforesaid.;