PARSHNATH ASTHANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374 of Cr.P.C. against the judgment and order of conviction and sentence passed by the learned Special Judge, City Civil & Sessions Court, Court No. 4, Ahmedabad in Special Case No. 42 of 1990, whereby, the learned Special Judge has convicted the appellant under Sec. 420 of I.P.C. and sentenced to suffer R.I. for six months, the appellant is convicted under Sec. 467 of I.P.C. and sentenced to suffer R.I. for six months and to pay a fine of Rs. 200/-, in defualt, to suffer further R.I. for one month, the appellant is convicted under Sec. 468 of I.P.C, and sentenced to suffer R.I. for six months, the appellant is convicted under Sec. 471 of I.P.C., and sentenced to suffer R.I. for six months and under Sec. 5(2) of the Prevention of Corruption Act, the appellant is convicted and sentenced to suffer R.I. for six months and to pay a fine of Rs. 300/-, in default, to undergo further R.I. for two months. Learned Judge has also ordered that all the sentences to run concurrently.

(2.) The brief facts of the prosecution case are as under :

(3.) The appellant-accused was working as Station Master at Waghai Railway Station with Western Railway during the year 1987-1988. The appellant entered into a criminal conspiracy with one unknown person with the object to cheat the Railway Department by submitting forged/false over -time bills and by obtaining the claimed amount thereof. As per rules, overtime is claimed by an employee when he performs the duty in addition to the duty hours which he has to perform and as per the duty list, no overtime can be claimed on holidays. In Railway Department, if an employee is posted to a Railway Station, he is given pick-up duty to get conversant with his duties in that Railway Station. This pick-up duty is treated as training period. The employee is not supposed to claim any over-time as he is not entitled for the same as per the rules. It is alleged by the prosecution that the appellant who was posted at Waghai Railway Station as Station Master remained on pick-up duty from 13-12-1987 to 3-2-1988. It is alleged that in pursuance of the above-mentioned criminal conspiracy, the appellant did the following acts of omission/commission :