M.A.A. Khan, J. - (1.) All these three appeals are inter-connected on facts and in law. These are, therefore, disposed of by this consolidated order for the sake of convenience. S.B. Criminal Appeal No. 30 of 1982, N.N. Mathur v. State ;
(2.) During the period between 1973 and 1976 Narender Narain Mathur appellant was working as an Assistant in the New Business Department in the Divisional Office of the Life Insurance Corporation of India (the 'LIC') at Ajmer in Rajasthan. It is alleged that in the year 1977 the Superintendent of Police, Delhi Special Police Establishment (SPE), Jaipur Branch received an information that during the aforesaid period the appellant had entered into a criminal conspiracy with one Hari Ram, typist in his said office, to cheat the LIC by way of manavouring false payments through crossed cheques issued by the Divisional Office of LIC at the said Branch office, on account of the loans on the lapsed policies, discounted value of the lapsed policies, medical examination fees and loans on regular policies in the record of the LIC and in furtherance of such criminal conspiracy the appellant dishonestly and fraudulently opened accounts in different banks at Ajmer in the names of different doctors/persons with the help of co-conspirators and received payments of the crossed cheques with the help of Hari Ram Agarwala, typist, afore mentioned, who had a current account in the name of his wife Sm Shakuntala Sriya, Proprietor M/s Neel Kamal Enterprises, Cumendespara, Ajmer, thereby putting the LIC to wrongful loss to the tune of Rs. 43,523,81 and corresponding wrongful gain to himself and other co-conspirators. On this information Crime No. 26 for offence punishable under section 120-B r.w. 420, 468, : 477-AIPC and S. 5(2) r.w. Section 5(1)(d) of the Prevention of Corruption Act 1947 (the 'PC Act of 1947') was registered at CBI, SPE, Jaipur. After completion of investigation charge-sheets were submitted against the appellant in the following manner: 1. Charge sheet No. 6/78 (Case No. 3/78 and Appeal No. 30/82): In this case the facts found on investigation were that during the period between 1974 and 1975, the appellant was working as an Assistant in the New Business Department of LIC at its Divisional Office Ajmer. In that capacity his duties, inter alia, were to check the medical fee bills with regard to medical examiners, the sums assured and the genuineness and correctness of the medical fees payable to the medical examiners and then to put the same to the A.O., N.B. Deptt. for getting the same passed and thereafter to forward the same to the Accounts Deptt. for release of payment through cheques to the concerned medical examiners. In his aforesaid capacity the appellant, fraudulently and dishonestly and by abuse of his official position or by corrupt means, obtained/got issued in favour of Dr. A.N. Mathur (Code No. 58194), an approved medical examiner/the following six cheques : JUDGEMENT_65_LAWS(RAJ)7_1999_1.html instead of sending the aforementioned cheques to the payee, namely, Dr. Amar Narain Mathur the appellant opened a fictitious Saving Bank Account No. 5489 in the Bank of Rajasthan Ltd., Station Road, Ajmer on 23.9.74. The appellant then presented the afore-mentioned cheques either himself or through his men in the said Bank and got the amounts credited in his said fictitious account and after some time withdrew the amounts of these cheque leaving a nominal amount in the said Bank Account. The aforesaid acts of the appellant were stated to be constituting offices punishable Under sections 420/419, 467/468, 477-A IPC and Section 5(2) r.w. Section 5(1 )(d) of the Prevention of Corruption Act, 1947. It was further mentioned in the police report submitted Under section 173(2) Cr.P.C. that since the appellant had already been dismissed from the service no sanction for his prosecution from the competent authority was required. A list of 23 witnesses to be examined at the trial and a list of 38 documents to be tendered in evidence, to prove the above facts against the appellant, were filed along with the police report. 2. Charge sheet No. 18/78 (Case No. 10/78 Appeal No. 30/82): In this case the appellant was alleged to have committed the same nature of offences in respect to the amounts of 21 cheques drawn on Punjab National Bank, Ajmer, in favour of and payable to Dr. H.N. Mathur, another medical examiner of the LIC totalling to Rs. 7039/- by opening a fictitious Saving Bank Account No. 9202 in the United Commercial Bank (UCO), Purani Mandi, Ajmer in the name of the said Dr. H.N. Mathur and thereafter withdrawing the same in the manner stated above. In this case a list of 18 witnesses and 18 documents had been filed along with the police report. 3. Charge-sheet No. 18/78 (Case No. 11/78 : Appeal No. 30/82): In this case the appellant, working in the same capacity during the years 1974 and 1975, was alleged to have committed the same nature of offences, by abusing his official position or by corrupt means, in respect to the amount of 15 (fifteen) cheques totalling to Rs. 10,978/- drawn on Punjab National Bank, Ajmer, in favour of Dr. S.C. Mathur, (Dr. Satish Chandra Mathur), another approved medical examiner of the LIC by opening fictitious Saving Bank Account No. 5379 In the name of Dr. Satish Chand Mathur in the Bank of Rajasthan Ltd., Station Road, Ajmer. It was further alleged that there were three other approved medical examiners of the LIC with their short names of Dr. S.C. Mathur but their full names were Dr. Swami Charan Mathur, Dr. Sugan Chand Mathur and Dr. Suresh Chandra Mathur. Along with the police report a list of 20 witnesses and a list of 21 documents had been filed. 4. Charge-sheet No. 20/78 (Case No. 12/78: Appeal No. 30/78): In this case it was alleged that during the year 1966 LIC Policy No. 25240681 was issued in the name of the appellant himself but such policy had lapsed on 23.8.66. In the year 1974 the appellant applied for loan against his said lapsed policy and himself verified the payment of the premium up to January, 1974. Consequently a loan of Rs. 1200/- was sanctioned to him and the appellant obtained Cheque No. 421449 dated 19.2.74 for Rs. 1198.50/-. The amount was got credited in his Saving Bank Account on 21.2.74. Thereafter, on 27.5.76 the appellant, with an intention to again play fraud on the LIC got the aforesaid policy surrendered so that after its surrender, the surrendered value of the policy might be paid to him, and the amount taken by him could get squared off leaving no clue for detecting the fraud played by the appellant. The game-plan of the appellant was, however, detected and the appellant was made to deposit the amount of loan taken by him against the lapsed policy. 5. Charge-sheet No. 21/78 (Case No. 12/78: Appeal No. 30/82): In this case, the appellant, during the years 1073 to 1975 and in the same capacity, committed same nature of offences in respect to 15 (fifteen) cheques drawn on Punjab National Bank in favour of Dr. Narender Kumr Bapna, another approved medical examiner, for a total amount of Rs. 7,233/- by opening fictitious SB Account No. 906 in the Allahbad Bank Ajmer on 29.6.73 in the name of said Dr. Bafna, then first getting the amounts of the aforesaid cheques credited in such Bank Account and thereafter withdrawing the same, leaving a nominal amount only therein. In this case a list of 17 witnesses to be examined at the trial and a list of 17 documents to be tendered in evidence was submitted along with the police Report. 6. Charge-sheet No. 22/78 (Case No. 14/78 : Appeal No. 30/82): In this case, during the years 1973 and 1974 the appellant, acting in the same capacity and in the same manner and adopting the same corrupt means, was alleged to have committed the same nature of offences in respect to the amounts of ten Cheques to-tailing to Rs. 7,056/- issued by LIC on Punjab National Bank Ajmer in favour of Dr. S.L. Gupta (Shanti Lal Gupta) and some other approved medical examiners with different Code Nos. and getting fictitious SB A/C opened in the same Bank, getting the amount of the Cheques credited in such fictitious account and, therefore, withdrawing the same by himself or through his men leaving only a nominal amount therein. In this case a list of 17 witnesses and a list of 16 documents, to be relied upon at the trial of the appellant, were submitted along with the Police Report.
(3.) Before the commencement of the trial in all the aforementioned cases the appellant moved an application under section 218 Cr.P.C. in the Court of the learned trial Judge requesting him to consolidate the cases for the purposes of joint trial, recording of evidence and deciding all of them on the basis of the evidence so recorded. The learned trial Judge by his well reasoned order dated 7.5.1979 allowed such application of the appellant, framed charges relating to the commission of offence in all the six cases, recorded evidence by examining all the common witnesses in all the cases and also examining all such other witnesses who were not common to all cases and examined the appellant under section 313 Cr.P.C. with reference to the incriminating evidence and circumstances appearing on the record of the joint trial and having reference to ail the six cases.;