(1.) Heard Sri Manish Bajpai, the learned counsel for the appellant in Criminal Appeal No.2261 of 2022, Sri Rajeev Kumar Srivastava, the learned counsel for the appellant in Criminal Appeal No.2609 of 2022 and Sri Shiv P. Shukla, the learned counsel for the respondent-Union of India.
(2.) Both the aforesaid appeals have been filed against the same judgment and order dtd. 25/8/2022, passed by the learned Special Judge, P.C. Act, C.B.I. Court No.4, Lucknow in Criminal Case No.18 of 2007, which was instituted on the basis of F.I.R. bearing R.C. No.6 (A) of 2007 and, therefore, the same are being decided by a common judgment.
(3.) The facts relating to Criminal Appeal No.2609 of 2022 and Criminal Appeal No.2261 of 2022 are that the Superintendent, Post Office, Fatehgarh Division, Farrukhabad had given a complaint dtd. 28/2/2007 to the Superintendent of Police, C.B.I./A.C.B. Lucknow stating that Pradeep Kumar Verma (the appellant in Criminal Appeal No.2609 of 2022 was posted as Postal Assistant, Amar Nath Agnihotri (the appellant in Criminal Appeal No.2261 of 2022) was posted as Assistant Postmaster and Alladin was posted as Postmaster in the Head Post Office, Fatehgarh, District Farrukhabad during the period August 2005 to January 2006. Pradeep Kumar Verma was assigned the duties of savings certificate discharge counter. He used to receive cash from the head post office and to make payments in respect of National Savings Certificate (NSC), Kisan Vikas Patra (KVP) and Indira Vikas Patra (IVP) and after fulfilling all the formalities Amar Nath Agnihotri, Assistant Postmaster used to examine the documents and Alladin, Post Master used to verify the transactions regarding NSC, KVP and IVP. In the months of August 2005 to January 2006, Pradeep Kumar Verma embezzled Rs.31,92,772.00. Amar Nath Agnihotri and Alladin did not check the receipt book, discharge journals and monthly returns etc. properly, made false entries in records, committed forgery in the documents and embezzled Rs.31,92,772.00. The offence was committed in connivance with Amar Nath Agnihotri and Alladin. The Superintendent of the Post Office had made a request for initiating legal proceedings against Pradeep Kumar Verma, Amar Nath Agnihotri and Alladin.