JAMEEL AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. This is an appeal preferred by appellant Jameel Ahmad against his conviction under Section 420/468 IPC and Section 5 (2) of the Prevention of Corruption Act and consequent sentences of two years R. I. and a fine of Rs. 500 under the first count and three years R. I. and a fine of Rs. 1,00/- under the last count.

(2.) THE brief resume of the facts of the prosecution case is as under: Jameel Ahmad was employed as a driver in the U. P. State Electricity Board, Basti Sub-Division, in 1975- 76. He drew payment against 31 cash memos of M/s. Mahadev Prasad Ram Shankar situated in Mohalla Pandey Bazar, Basti. He also withdrew payment against 7 cash memos of Pandey Automobiles, Gandhi Nagar, Basti. THE payment against these 38 cash memos drawn by the appellant was for Rs. 2,682/ -. THE payment was drawn from the Department by him on fictitious vouchers. THEre were some complaints made from some quarter that the firm M/s. Mahadev Prasad Ram Shankar was not engaged in the sale/purchase of petrol, diesel, mobil or distilled water since long. THE 7 cash memos belonging to Pandey Automobiles were also not issued from there. THE matter was enquired into and it was found that the accused was alone the author of all these cash memos. He withdrew money against these cash memos from the Department for his personal gain. After the investigation a charge-sheet was filed against the appellant. THE prosecution in support of its case examined PW 1 Chandra Prakash Pandey, a clerk in the Sales Tax Office. He proved that the firm M/s. Mahadev Prasad Ram Shankar was closed during the period for which the cash memos were produced. PW 2 Kanhaiya Lal is son of Mahadev Prasad, a partner of the firm M/s. Mahadev Prasad Ram Shanker. He also proved this fact and the fact that these cash memos were not signed either by him or his father. PW 3 Suresh Pratap Singh is an Executive Engineer in the Electricity Board, PW 4 Maqbool Ahmad Siddiqui is a retired Assistant Revenue Collector. He has also proved that the firm was not in existence. PW 5 Rajendra Singh Yadav, PW 6 Shiv Prasad Mishra, PW 7 Mahendra Pratap Singh and PW 9 Dr. Kanti Kumar are all document experts. THEy have proved that the disputed cash memos were prepared by Jameel Ahmad on comparison with the admitted writings of his, PW 8 Ram Asre Singh is a clerk in the Power Transmission Division. He proved that the appellant was an employee of the Department and was running jeep of the Executive Engineer. PW 10 Ram Swaroop is Noter and Drafter, Power Distribution Division, Basti. He had also come for the said purpose, PW 11 Ram Sewak Pandey is owner of Pandey Automobiles. He proved that the cash memos, allegedly belonging to his firm, were not signed by any of his staff or he himself, PW 12 Abdul Basir Khan is the Investigating Officer in the case.

(3.) LEARNED A. G. A. argued that the handwriting experts opinion is a conclusive proof of the fact that these memos were prepared by this appellant and the money was paid by the department to him against these cash memos. Therefore, his guilt is established.