SHYAM KISHORE LAL Vs. STATE

JUDGEMENT

(1.) These are two connected appeals from the judgment of the learned Additional Sessions Judge, Banaras, convicting Shyam Kishore Lal under Section 467 and 468 IPC and sentencing him to 4 years rigorous imprisonment on each count which sentences were to run concurrently, and Prem Chand Sharma under Section 471 IPC read with Section 467 IPC and sentencing him to 4 year's rigorous imprisonment. Cr. A. No. 1624 of 1954 has been filed by Shyam Kishore and CrA No. 223 of 1955 by Prem Chandra Sharma against their conviction and sentence.

(2.) It appears that Shyam Kishore Lal was employed as the Encumbered Estates clerk in the Collector's office, Banaras, from 7-7-1941 to 18-11-1957. On 18-11-1951 he handed over charge to Doodh Nath Lal who became the Encumbered Estates clerk. On 141-1952 Prem Chandra Sharma presented the voucher Ex. I to the Despatch clerk, Krishna Prasad (P.W.5) of the Treasury office, Banaras, for payment. This voucher is No. 32 and had been prepared from the cheque book No. 134 in the name of Sagarmal as payee for refund of a sum of Rs. 11,967/9/ - as decretal amount from the personal ledger account of the Encumbered Estates case No. 50 of 1942, Sheikh Abdul Karim v. Abdul Hamid and Ors.. It purported to have been prepared on 17-12-1951 by Doodh Nath Lal who was the Encumbered Estates clerk on that date, and signed by Sri B.S. Seth who was the Additional Collector and in charge of that estate. It also purported to have been signed by one Har Narain Lal, Vakil who identified and attested the signature of Sagarmal purporting to be on the revenue stamp athxed on it. After examination Krishna Prasad suspected that it was a forged document and he, therefore, asked Prem Chandra Sharma to come after a short time. In the meantime Krishna Prasad took the voucher to P.W.4 Doodh Nath Lal, who was then the Encumbered Estates clerk, to verify if the initials 'D.L.' on it were his and whether it had been prepared by him. Doodh Nath Lal denied that he had prepared the voucher or had put his initials on it. Thereafter Krishna Prasad and Doodh Nath Lal went to the Office Superintendent Sri Suraj Bali Lal and informed him about the voucher Ex.I. He advised Krishna Prasad to get Prem Chandra Sharma caught when he returned to take back the cheque. Krishna Prasad then went to the Treasury Officer and told him about the voucher Ex. I, which appeared to be forged. The Treasury Officer, Sri Vishwanath Prasad (P.W.1) sent for Doodh Nath Lal to enquire from him if he had prepared the voucher and had issued it. He denied it. The Treasury Officer then sent for Har Narain Lal Vakil whose writing and signature also appeared on the voucher, and enquired from him if he had written and signed it. He too denied the writing and the signature. Krishna Prasad left the cheque Ex. I with the Treasury and returned to the counter and there waited for Prem Chandra Sharma who had presented it to him. Prem Chandra Sharma came there after some time and demanded the payment of the voucher. Krishna Prasad then asked him to accompany him to the Treasury Officer, and then both of them went to the Treasury Officer who enquired the name and address of Prem Chandra Sharma and then took him to the court. of Sri S.V. Isaacs, Addl. District Magistrate, Banaras. Sri Isaacs obtained a report about the occurrence from the Treasury Officer and then handed Prem Chandra Sharma to the police for necessary investigation.

(3.) The cheque or voucher (Ex. I) was sent to the handwriting expert P.W.3 Sri Shyam Narain, for examination and comparison with the admitted writing of Shyam Kishore Lal, Har Narain Lal, Doodh Nath La), Prem Chandra Sharma and Chauthmal. He was of the opinion that the writing enclosed in green ink on the voucher Ex. I was of the (accused Shyam Kishore Lal. He was not able to give any opinion with regard 10 the writing of the revenue stamp because he was of the opinion that it was insufficient for comparison. After the necessary investigation the accused were sent up for trial.