AMARESHWAR SAHAY, J. - (1.) THE appellant, GA Gandhi @ Gunwant Roy Amrit Lal Gaandhi, who was Accounts Assistant Central Finance Department, Banking Section, B.C.C.L.. was charged under Sections 120-B read with Sections 420 and 471 of the Indian Penal Code and also under Section 5(2) read with Section 5(1)(d) of the Prevention of the Corruption Act, 1947 for entering into a criminal conspiracy with Jyotin Parkaria, Prakash Udeshi and other unknown persons, agreeing to do or cause to be done illegal acts of forgery for the purpose of cheating, forging valuable security and using the forged documents all genuine knowing them to be forged, in pursuance of the conspiracy for procuring blank delivery orders through Dasrath Paswan from Sale Section of the B.C.C.L. forged D.O. purported to be signed by the Sales Officers B.D. Singh. Further for showing issue of the D.O. in favour of fictitious firm M/s. Evergreen Engineering Works, Nelo Kharia, Haryana, false letter head pad printed by Jyotin Parkaria in the name of the firm, bogus bank draft purported to have been issued by the Indian Overseas Bank submitted in favour of the B.C.C.L., an authorization letter got to be issued by the partner of the firm signed as S.D. Parmar, one Kanti Lal Chadda worked as an authorized representative signed on the authorization letter assuming to be Jagdish Kar for lifting coal on the basis of the said forged D.O. and thereby managing to lift 251.600 M.T. of hard coke through Kantilal Chadda from Munidih Colliery without making any payment to B.C.C.L. and disposing of all the coke to various parties including M/s. S.Kumar and Company, Sahadra Delhi and B.B. Dhingra, Panipath, Gunwant Dagli and thereby received Rs. 15,500/ - drawn in favour of M/s. Ektra Printer belonging to Jyotin Parkaria and thus dishonestly and fraudulently causing wrongful loss to the B.C.C.L. and wrongful gain to the accused persons. The appellant, above named, was further charged under Secti0ns 420 and 471 of the Indian Penal Code as well as under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 for being a public servant dishonestly abusing official position procuring blank D.O. forms and getting it forged and on the basis of the forged documents obtaining pecuniary advantage putting B.C.C.L. in loss by facilitating the lifting of coal without payment.
(2.) THE learned Special Judge (C.B.I.) Dhanbad by impugned judgment dated 23.8.1996 found the appellant guilty under section 120 -B read with Sections 420 and 471 of the Indian Penal Code and under Section 5(2) read with Section 5(1) (d) of the Prevention of Corruption Act, 1947 and accordingly convicted him thereunder. Being convicted under the aforesaid Section, the appellant was sentenced to undergo Rigorous Imprisonment for two years under section 120 -B of the Indian Penal Code and he was further sentenced to undergo Rigorous Imprisonment for one year under section 5(1) (d) of the Prevention of the Corruption Act. He was further sentenced to pay a fine of Rs. 2000/ -. In default to undergo Rigorous Imprisonment for three months. Sentences were ordered to run concurrently. No separate sentence was passed under sections 420 and 471 of the Indian Penal Code. Being aggrieved by the said conviction and sentence the appellant has preferred the present appeal.
(3.) THE prosecution case in short is that C.B.I. Dhanbad received information that during the year 1980 Aloke Verma Sales Officer of Area -V, B.C.C.L. Sijua Dhanbad entered into criminal conspiracy with some coal merchants and .in furtherance of the said conspiracy about 275 MT of hard coke was released and lifted through forged delivery orders no. H/C/218/9/125/197 dated 27.10.1980. The C.B.I., after instituting the case, started investigation in which it would appear that by forged delivery orders non -existent firm M/s. Evergreen Engineering Works, Nelo Khari, Haryana was favoured for release of 275 M.T. hard coke. On 11.11.1980 Aloke Verma being the Sales Officer of the area released the hard coke against the spurious and forged delivery order in question.;