B.R. ARMO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since the two criminal appeals are arising out of the same judgment of conviction and order of sentence dtd. 12/11/1999 passed by the Special Judge and Additional Sessions Judge, CBI Jabalpur, in Sessions Trial No. 38 of 1985, they are being disposed of by this common judgment.

(2.) By the impugned judgment, the accused/appellants B.R. Armo and O.P. Singhal have been convicted under Ss. 120-B IPC, and Sec. 5(1) (C) r/w Sec. 5(2) of Prevention of Corruption Act, 1947. The sentence awarded to them is as under:- <FRM>JUDGEMENT_85_LAWS(CHH)1_2023_1.html</FRM>

(3.) Case of the prosecution, in brief, is that appellant O.P. Singhal was posted as Branch Manager in Bilaspur Raipur Regional Gramin Bank, Rahoud, District Bilaspur and appellant B.R. Armno was posted as clerk-cum-cashier in the same bank. It is alleged that appellant O.P. Sighal on 24/5/1982 has prepared debit voucher of Rs.45, 596.00 for withdrawal of amount from subsidy account whereas the credit voucher equal amount of debit voucher is being prepared, out of which only 34,583/- has been credited to various account and Rs.11, 053.00 has not been deposited in these accounts. Thus, Appellant B.R. Armo by committing criminal conspiracy has deposited only Rs.3,992.00 in the receipt and payment register whereas he has received Rs.15,045.00 and he has misappropriate Rs.11, 053.00. On the complaint being made, FIR (Ex.P-25) was registered against the appellants on 1/1/1985 under Crime No. RC 02/85 for the offence punishable under Ss. 120-B IPC read with Sec. 5(1)(C), 5(2) of Prevention of Corruption Act.