N.K. VERMA Vs. SATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since the above criminal appeals are arising out of the same judgment of conviction & order of sentence dtd. 12/11/1999 passed by the Special Judge & Additional Sessions Judge, CBI Jabalpur, in Sessions Trial No. 41 of 1985, they are being disposed of by this common judgment.

(2.) By the impugned judgment, the accused/appellants N.K. Verma and O.P. Singhal have been convicted under Ss. 420 r/w Sec. 120-B IPC, 468 r/w Sec. 120-B IPC and 5(1)(D) r/w Sec. 5(2) of Prevention of Corruption Act, 1947. The sentence awarded to them is as under:- <IMG>JUDGEMENT_86_LAWS(CHH)1_2023_7.jpg</IMG>

(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 N.K. Verma was posted as Field Supervisor in the same bank. It is alleged that on 3/12/1982 Rs.10,900.00 was debited in the account of DRDA subsidy, but no corresponding voucher of transfer was prepared by the appellants. It is alleged that the appellants, who abused their position as public servants prepared false and fabricated withdrawal slip of Rs.10,500.00 which was credited in the joint account of Om Prakash Agrawal and Sita Ram Agrawal and received the payment. The appellant N.K. Verma in furtherance of criminal conspiracy has put forged signature of Om Prakash on the withdrawal slip and withdrew the money. The said money of Rs.10,500.00 was received by O.P.Singhal, thus the appellants have committed criminal conspiracy and cheated the bank to the tune of Rs.10,500.00. On the complaint being made, FIR (Ex.P7) was registered against the appellants on 1/3/1985 under Crime No. RC 13/85 for the offence punishable under Ss. 120-B, 420, 477-A IPC read with Sec. 5(1)(d), 5(2) of Prevention of Corruption Act.