NATESHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant in this appeal was the accused in C. C. N. 10 of 1975 on the file of the Special Judge, Bangalore, He was convicted for offences punishable under Sections 420 and 47l I.P.C. and Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act as per his judgment dated 28th June 1976 and sentenced to undergo rigorous imprisonment for one month and to pay a fine of Rs. 100/- and in default to undergo further rigorous imprisonment for 15 days for each of the offences and directed the substantive sentences to run concurrently. The appellant challenged the said conviction and sentence in Cr. A. No. 563 of 1976 on the file of this Court. This Court set aside the sentence on the ground that the appellant was not heard as required by Section 248 (2) of the Cr. P, C. and remanded the matter to the trial court to hear the appellant regarding the sentence and then dispose of the matter. Thereupon, the learned Special Judge, heard the appellant on the question of sentence and awarded a sentence of 5 days' rigorous imprisonment and to pay a fine of Rs. 100/-, in default to undergo further rigorous imprisonment for five days for each of the three offences and directed the substantive sentences to run concurrently as per his judgment dated 28-3-1977. The appellant has filed this appeal questioning its correctness.

(2.) The appellant was working as Lascar in 26, Equipment Depot, Air Force, H. A. L., Bangalore. As a public servant he was entitled to claim medical advance and medical reimbursement for the treatment of himself or any member of his family or his dependents. On 14-11-1971, the appellant presented an application for medical advance of Rs. 500/- for the treatment of his wife Smt. Chinna Kolandai. The advance was sanctioned and ordered to be paid in two instalments of Rs. 250/- each. A sum of Rs. 250/- was paid to the appellant on 16-11-1971. The appellant filed the medical reimbursement application for Rs. 293-40 on 9-2-1972 enclosing the prescription chits, cash bills and essentiality certificate purported to have been signed by P. W. 17 Dr. Mir Asaf Ali, Medical Officer, who was working in the Bowring and Lady Curzon Hospital, Bangalore. A sum of Rs. 293-40 was ordered to be paid to the appellant towards medical reimbursement as claimed by him. After adjusting the advance of Rs. 250/- taken by the appellant, a sum of Rs. 43-40 was paid to him on 28-3-1972.

(3.) On receipt of information, P. W. 18 M. L. Narasirnha Murthy, Inspector of Police, S. P. E., Central Bureau of Investigation, conducted a preliminary enquiry which revealed that the appellant had filed false application enclosing forged prescription chits, cash bills and the essentiality certificate. He registered a case in R.C. No. 19/74 against the appellant and submitted the F.I.R. Part of the investigation was conducted by P. W. 19 Aswatharamaiah. Later P. W.18 M. L. Narasimha Murthy, took up the investigation and after completing the investigation, placed a charge-sheet against the appellant.