R.R.PRASAD, J. - (1.) BOTH the appeals were heard together and are being disposed of by common judgment as they arise out of the same judgment and order passed by Special Judge, CBI, Dhanbad in R.C. No. 9 1985(D) whereby the appellants were convicted under Sections 120B, 420, 471 of the Indian Penal Code as also under Section 5(2) of the Prevention of Corruption Act, 1947 and each of them was sentenced to undergo rigorous imprisonment for two years and further to pay a fine of Rs. 500/ - so far it relates to offence under Section 5(2) of the Prevention of Corruption Act and in default to undergo rigorous imprisonment for further two months. The appellants Dwarika Nath Mukherjee and Aditya Singh (in Cr.App.No. 239 of 1999) and Sukumar Banerjee (in Cr. App.No. 287 of 1999) were also convicted under Section 477A of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for two years.
(2.) ALL the four appellants along with Narayan Prasad Choubey (since dead) and Sriman Narain Choubey were put on trial to face charges under Sections 120B, 420, 471 and 477A of the Indian Penal Code and also Section 5(2) of the Prevention of Corruption Act, 1947 on the allegation that the appellants while functioning Pay Clerk, Accountant, Manager in Ganhoodih Colliery, BCCL, Dhanbad withdrew a sum of Rs. 45,700/ - in conspiracy with each other after forging the LTC claim bills of the 25 piece rated employees and showed to have disbursed the amount to those employees but, in fact, it were never paid to them and thereby the appellants in conspiracy with each other misappropriated the amount. The case of the prosecution is that at the relevant point of time employees of B.C.C.L were entitled to get LTC advance every four years and some of the employees 25 in number for one block of the year, i.e, 1983 -86 applied for LTC advance and their bills were prepared by the appellants D.N. Mukherjee, Sukumar Banerjee, Aditya Singh and R.N. Choubey, Bill Clerk and checked by R.P. Singh, Accountant and were passed by Manager N.P. Choubey and thereafter the amounts were withdrawn but subsequently, these appellants for the same block of year got LTD bills forged with respect to some 25 piece rated employees and got the money withdrawn and appellants got it shown to have disbursed them either the amount withdrawn on the first occasion or the amount withdrawn on the forged bills and thereby the appellants in conspiracy with each other by fraudulently withdrawing the money misappropriated it. In the circumstances, first information report (Ext15) was lodged and the investigation was taken up by C.B.I. C.B.I in course of investigation, seized several documents including Bill Register (Ext.7 series). Payment Register (Ext.8 series), Bonus Cards (Ext.5 series) and also took LTI of 25 piece rated employees in whose favour money was shown to have withdrawn and the said Left thumb impressions of the employees as well as disputed Left thumb impressions found on the payment register were sent to Hand Writing Expert (P.W.26), who on comparison of the admitted Left thumb impressions with the disputed Left thumb impressions submitted report (Ext. 14).
(3.) AFTER completion of investigation, CBI submitted charge sheet and accordingly, cognizance of the offences was taken and in due course when the case was committed to the court of sessions, charges were framed against the appellants as well as R.N. Choubey to which they pleaded not guilty and claimed to be tried.;