RAM PRAKASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal by Special Leave is filed by the appellant (accused) challenging the judgment and order of his conviction and sentence passed by the Special Judge, C.B.I., Patna, and on appeal confirmed by the High Court of Patna for offences punishable under Section 120-B read with 420, I.P.C. read with 5(1)(d) of the Prevention of Corruption Act; 420/511, I.P.C., 468, 477-A, I.P.C.; 5(3A)/5(1)(d) of the Prevention of Corruption Act punishable under Section 5(2) of the said Act and under Section 104 of the Insurance Act. The appellant was sentenced for various terms of RI on all these counts and the maximum sentence was being two years. All sentences were ordered to run concurrently. The offences in question were alleged to have been committed by the appellant in 1974.

(2.) The appellant at the relevant time was working as Development Officer in the Life Insurance Corporation of India (for short 'LIC'). Dip Narain Singh who was co-accused was also working with LIC as Assistant Branch Manager, Patna. It was alleged by the prosecution that both these accused hatched a criminal conspiracy and in pursuance thereof introduced some false and fake insurance proposals to the Corporation in the name of non-existing person as also without the knowledge and consent of the insurer in order to earn undue credit and promotions in the LIC on the basis of their inflated business.

(3.) The three proposals introduced by the appellant were the subject-matter of criminal trial. (1) The proposal No. 107913/518 (Ex.6) on the life of Sanjay Prasad son of Ganesh Prasad for a sum of Rs. 2.5 lacs, (2) the proposal No. 107705/518 (Ex.6/1) on the life of Suresh Chandra Bajaj, a non-existent and fictitious person for a sum of Rs. 2 lacs, and (3) proposal No. 109417/518 (marked X/3) on the life of Sanjay Kumar son of Gulzarbagh for a sum of Rs. one lac. In this appeal, we are however, concerned with the proposal Nos. 1 and 2. It was alleged by the prosecution that proposal No. 107913/518 (Ex.6) on the life of Sanjay Prasad under guardianship of Father Ganesh Prasad (PW10) was for a sum of Rs. 2.5 lacs. The said proposal was introduced without the knowledge and consent of Ganesh Prasad and a signature on the proposal form was forged one. This proposal was faked one. The proposal Form (Ex.8/1), the Moral Hazard Report (Ex.7), the personal statement regarding the health were forged by the appellant. Ganesh Prasad (PW10) disowned the proposal and signatures thereon. The first premium cheque of Rs. 4575/- drawn on account No. 20/3 on Allahabad Bank was dishonoured for want of sufficient funds. The second cheque of Rs. 4100/- on Punjab National Bank was also dishonoured. Since both the cheques towards the first premium were dishonoured, the insurance policy was not issued.