NAGINDRA BAHADUR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant has been convicted u/S. 120-B, IPC and sentenced to three years and six months' R.I. and under S. 109 read with S. 420, IPC sentenced to three years and six months' R.I. and to pay a fine of Rs. 1000/- or in default of payment of which to further undergo R.I. for six months and u/ S.3 of the Railway Property (Unlawful Possession) Act, 1966 and u/S. 5(l)(d) of the Prevention of Corruption Act read with S. 5(2) sentenced to two years and three years' rigorous imprisonment respectively. Sentences were directed to run concurrently.

(2.) The appellant was a Parcel Clerk in the Northern Railway. The prosecution case is that the Telecommunication Engineer, Moradabad, Northern Railway had placed a demand for three steel almirahs. Thereafter supply order with respect to the aforesaid almirahs was placed by the Senior Signal and Telecommunication Engineer with a firm. These three steel almirahs after usual inspection were despatched to Moradabad. Out of these three steel almirahs, two were directed to be sent to the Telecommunication Engineer, Lucknow and they were despatched on 28-11-1970. The prosecution story is that on the basis of the forged Railway Receipt these two steel almirahs were got despatched from Lucknow Northern Railway Station to Badshahnagar Railway Station, from where these were detrained and were illegally taken delivery on the basis of the forged receipts. The case was registered and ultimately the investigation showed that the appellant was responsible on the basis of the materials placed. Charges were framed and several witnesses were examined and both the courts below accepted their evidence.

(3.) Learned counsel for the appellant, however, submits that there is some discrepancy regarding the actual number but this has been explained by the courts below. What is more the prosecution has established that the almirahs recovered belong to the Railway and the possession was unlawful. We see no ground to interfere with the convictions.