- (1.) All the above-mentioned three appeals arise out of the same impugned judgment passed in R.C. Case No. 10 of 1995 and, therefore, they were taken up and heard together and are being disposed of by this common judgment.
(2.) Altogether five accused persons were put on trial and all of them were found guilty and, thereby, convicted for the offences under Sections 120 B, 420/471 of the Indian Penal Code and Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act and they were sentenced to undergo R.I. for a period of 3 years each under Section 471 and 420 1PC, R.I, for a period of one year each for the offence Under Section 120 B IPC and further R.I. for one year each for the offence under Section 5(1)(d) r/w Section 5(2) of the Prevention of Corruption Act. They were also directed to pay a fine of Rs. 500/- each in default to undergo R.I. for a further period of one month by the impugned judgment dated 07/03/1998 passed by the Special Judge, C.B.I., Dhanbad in R.C. Case No. 10 of 1995,
(3.) The prosecution case, which has been narrated in detail in the impugned judgment is being reproduced hereinbelow: Sri R.C. Choudhary, Inspector of Police, C.B.I., Dhanbad, on reliable source that accused S.K. Banerjee while functioning as L.T.C. Clerk in respect of time rated employees in Ghanoodih colliery during the year 1983-84 cheated his employer B.C.C.L. by frudently obtaining a sum of Rs. 50.800/- under the false representation that the amount was to be paid towards the L.T.C. scheme in respect of 27 time rated employees. It is further alleged that in the year 1983-84 S.K. Banerjee entered into criminal conspiracy with some other unknown persons and in furtherance of the same obtained an amount of Rs. 50,800/- on the strength of forged fabricated L.T.C. claim bills purported to have been preferred by 29 time rated employees of the said colliery and falsely shown as disbursed to the employees and pocketed the amount. Further allegation is that the same set of 29 employees against whom the accused had already claimed and received the amount of L.T.C. subsequently preferred their genuine L.T.C. claim for the same block year of the L.T.C. The accused processed, passed and made payment of an amount of Rs. 60,730/- arising out of the genuine L.T.C. claim of 29 time rated employees by concealing the fact of earlier payment. The F.I.R., Ext.-13 was drawn by Inspector R.C. Choudhary and investigation was started.;