AMARESHWAR SAHAY, J. - (1.) THE appellant has filed the present appeal against the judgment dated 13.1.1997 passed by the Special Judge (CBI) Dhanbad in R.C. Case No. 10 of 1982 whereby the learned trial Court convicted the appellant under Section 120 -B read with Sections 420/467 and 471 of the Indian Penal Code and also Section 5(i)(d) of the Prevention of Corruption Act and has sentenced to undergo rigorous imprisonment for six months under Sections 120 -B read with Section 420/467 of the Indian Penal Code and further two years for rigorous imprisonment under Section 471 read with Section 465 of the Indian Penal Code. He has further sentenced to undergo rigorous imprisonment for two years under Section 5 (ii) read with Section 5(i)(d) of the Prevention of Corruption Act. All the sentences were ordered to run concurrently.
(2.) THE prosecution case in brief is that one Kardhu Dusadh was underground loader in Sendra Bansjora Colliery and he retired from his service on 31.5.1981. He submitted requisition form for refund and remittance of his P.F. dues. In that application he mentioned the address for remittance for the P.F. money at his quarter No. 398 -B Block Bhuli Nagar, Dhanbad and he gave his L.T.I. on the refund application. In the said application for refund of P.F. dues another colliery address was mentioned. The application was processed in the office of C.M.P.F. Dhanbad and crossed account payee cheque No. OB/14 -090021 dated 9.7.1982 for Rs. 21,275.45 paisa was issued in the name of Kardhu Susadh and was sent under registered post No. R. 5850 dated 16.2.1982 at the colliery address i.e. Sendra Bansjora. The said registered cover was received on 17.7.1982 by Arjun Nath Sharma, post man, Sendra Bansjora colliery on identification of Ram Briksha Bhuian. It is stated that S.B. A/c No. 237254 dated 17.7.1982 was opened in the name of Kardhu Dusadh by depositing Rs.5/ - only. In the account opening form the L.T.I. of Kardhu Dusadh was identified by one Ram Briksha Bhuian signed as Arjun Nath Sharma as identifier. On that date crossed A/c payee cheque No. OB/14 -090021 dated 9.7.1982 for Rs. 21,275.24 was tendered in the said S.B. Account by Ram Briksha Bhuian for crediting and thereafter the entire amount of Rs. 21,275.45 paisa was withdrawn on 21.7.1982 through withdrawal slip containing finger impression. The appellant, Uma Shankar Pandey, accepted the identification on the account opening slip and on the withdrawal slip which was written in his presence and thumb impression was given by only Ram Briksha Bhuian as Kardhu Dusadh and the said Ram Briksha Bhuian signed as Arjun Nath Sharma, post man, Sendra Bansjora post office. Both thumb impression and writings and signatures as identifier was found to have been made by Ram Briksha Bhuian in presence of Uma Shankar Pandey, appellant. It is also said that Md. Khalil Ansari (now dead), Assistant Post Master, S.B. Post Office, Dhanbad was to verify at the time of the opening of the account and before passing order for the payment on the withdrawal slip personally from the identifier as well as A/c holder which he failed to do and accepted the forged identification made by Ram Briksha Bhuian as Arjun Nath Sharma to whom he knew very well and thus became party to facilitate the commission of the crime and thereby both Uma Shanker Pandey, appellant and Md. Khalil misused their official position as public servant which resulted in pecuniary advantage and release of the amount to accused Ram Briksha Bhuian. During the investigation, CBI seized form 2 (Ext. 1), four ledger cards (Ext. 2 series), cheque bearing No. B/214 -090021 of SBI Dhanbad, entry in dispatch register dated 14.7.1982 (Ext. 5), signature on the diary register Sl. No. 166 dated 14.7.1982, P.F. application (Ext. 8), delivery slip (Ext. 9), application dated 9.8.1982 (Ext. 10), forwarding letters Ext. 11 to 11/3. The specimen signature and thumb impression were examined by the experts. Their report was marked as Ext. 15.
(3.) MD . Khalil died during the trial while Ram Briksha Bhuian confessed his guilt and accordingly he was convicted and sentenced to undergo rigorous imprisonment for four years under Section 420/468 of the Indian Penal Code.;