DEOKI NANDAN PRASAD, J. - (1.) BOTH the criminal appeals are heard together as they are arisen out of the same judgment of conviction and sentence and are being disposed of by the common judgment.
(2.) THE appellants have been convicted and sentenced by the learned Special Judge, CBI Dhanbad, in Connection with R.C. Case No. 14 of 1983 and they were sentenced to undergo rigorous imprisonment for two years each under Sections 120 -B, 420 and 468 of the Indian Penal Code and under Section 5(i)(d) of the Prevention of Corruption Act. The prosecution case in brief as alleged is that in 1981 nine delivery orders (hereinafter referred to as 'the DO') bearing D.O. Nos. 13 dated 11.8.1981, D.O. No.9 dated 11.8.1981, D.O. No. 12 dated 11.8.1981, D.O. No. 8 dated 10.8.1981, D.O. No. 172 dated 29.7.1981, D.O. No. 22 dated 10.8.1981, D.O. 14 dated 18.8.1981, and D.O. No. 15 dated 18.8.1981, D.O. No. 31 dated 8.8.1981 against which soft cokes have already been lifted from Kumardhubi Colliery were stolen away from Meera Weigh bridge in the year 1981. The appellant No. 1 Khursid Uz -Zaman was the Sales Officer whereas the appellant No. 2 Kalipada Mishra was the Sales Clerk at the relevant time. It is further alleged that seven out of nine pilfered delivery orders being D.O. Nos. 9, 12 and 13 dated 11.8.1981, D.O. No. 8 dated 10.8.1981, D.O. No. 172 dated 29.7.1981, D.O. No. 22 dated 10.8.1981 and D.O. No. 14 dated 10.8.1981 were again utilised in lifting soft coke from Kapsara Colliery by manipulating and extending the date of validity. The appellant Harender Singh 'lifted the coal by committing forgery over the delivery orders. The appellant Kalipada Mishra and the appellant Khurshid -Uz - Zaman authenticated and validated the said delivery orders by putting their signature on the basis of which soft cokes were lifted second time also from Kapsara Colliery on 21.8.1981, 25.8.1981 and 27.8.1981. The appellant Harender Singh manipulated two bills by writing "no" over the said delivery orders before word "billed" and forged the signature of Sri B. Das, the Delivery Clerk. Accordingly, first information report was lodged against the appellants. The investigation was made and thereafter charge -sheet was submitted against all the appellants.
(3.) ALTOGETHER 23 witnesses have been examined on behalf of the prosecution in support of its case. From the side of the defence, the appellant Harender Singh was himself examined during trial.;