STATE OF U P Vs. RAM DHANI

JUDGEMENT

(1.) This is a government appeal against an order dt. 29-5-1974 passed by Shri D.N. Shukla IInd Additional Sessions Judge, Mirzapur convicting respondent Ramdhani Pandey alias Dharnidhar Pandey for the offence under S.471, I.P.C. and sentencing him to undergo rigorous imprisonment for a period of three months. However, as he had already been in custody for a longer period than three months, it was ordered that he will not be taken into custody for the purpose of serving out the sentence imposed on him.

(2.) Besides S.471, I.P.C., the respondent was also charged and prosecuted for the offences under Ss. 419, 420, 466, 467 and 468 I.P.C. The learned Sessions Judge, however, found that the said charges had not been proved and, accordingly, acquitted him of the said charges. This government appeal is directed against the acquittal of the respondent for the aforesaid offences in respect of which he was acquitted by the lower court.

(3.) The occurrence relates to the period Sept. and Oct. 1967. There is no dispute that Sri Tambreshwar Prasad (P.W. 17) was the Minister for Irrigation and Power of the Government of Uttar Pradesh and Sri Varmeshwar Pandey (P.W.19) was the Minister for Local Self Government (L.S.G.) at that time. There is also no dispute that Sri Gopal Krishna Ram Verma (since deceased) was the Deputy Chief Engineer, Obra Project, and Sri R.K. Sanyal (P.W. 7) and Shri V.M. Monglik (P.W.8) were the Superintending Engineers and Sri B.P. Singh (P.W. 9) and Shri D.N. Mittal were the Executive Engineers at Obra during the relevant period. It is alleged that the real name of the respondent is Ram Dhani Pandey but he posed himself as Dharnidhar Pandey, brother of Sri Varmeshwar Pandey, who was Minister L.S.G. at that time. The charges against the respondent related to appointments in the Obra Project which the respondent is alleged to have obtained fraudulently by introducing himself as the younger brother of Varmeshwar Pandey, the then Minister L.S.G. Three letters dt. 28-9-67 ( Ex.Ka-30), 3-10-67 ( Ex.Ka-26) and 13-10-67 (Ex.Ka-29) are alleged to have been forged by the respondent showing that they have been written by Sri Tambreshwar Prasad, the then Minister of Irrigation and Power. These letters were handed over by the respondent to Sri G.K.R. Verma, the Deputy Chief Engineer, Obra Project, V.M. Monglik (P.W. 8), Superintending Engineer of the said project and Sri B.P. Singh (P.W. 9), Executive Engineer of the said project respectively, thereby inducing the said officers to pass orders on the applications of certain candidates appointing them in the said project. The aforesaid letters contained recommendations purporting to have been made by the Minister Irrigation and Power for giving appointment to the candidates. On the basis of the said recommendatory letters, appointment orders on the applications of Jwala Prasad, Amar Nath Singh, Kriparam and Basant were passed by Sri K.G.R. Verma on 4-10-1967. Sri V.M. Monglik, Superintending Engineer, was induced to make appointment of Sughriv Singh, Banarasi Tiwari, Ram Murti Pandey and Parmatma Tiwari. Shri B.P. Singh, Executive Engineer, on the basis of the aforesaid recommendatory letter dt. 19-10-67 ( Exs. Ka-28) of the Minister was induced to pass orders on the application of Ram Murti Pandey giving him appointment as Work Supervisor on Work charge Establishment.