RAM GOPAL Vs. C.B.I. DEHRADUN

JUDGEMENT

(1.) These are two connected appeals aforementioned have been filed before this court challenging the common judgment and order dated 12.3.2013 passed in Special Case No. 42 of 2005 arising out of R.C. No. 5(A) of 1994 (C.B.I. v. Pankaj Kumar Jain and another) , under Sections 120-B, 420, 467, 468, 471, 477-A, 201 I.P.C., and 13(1)(d) read with 13(2) Prevention of Corruption Act, Police Station C.B.I., Dehradun, District Ghaziabad whereby the appellants have been convicted and sentenced to undergo 3 years rigorous imprisonment with a fine of Rs. 3,000/- under Section 120-B I.P.C.; to undergo 3 years rigorous imprisonment with a fine of Rs. 3,000/- under Section 420 I.P.C.; to undergo 4 years of rigorous imprisonment with a fine of Rs. 10,000/- under Section 467 I.P.C.; to undergo 3 years of rigorous imprisonment with a fine of Rs. 3,000/- under Section 468 I.P.C.; to undergo one year rigorous imprisonment with a fine of Rs. 1,000/- under Section 471 I.P.C.; to undergo 3 years of rigorous imprisonment with a fine of Rs. 3,000/- under Section 477-A I.P.C.; to under 3 years of rigorous imprisonment with a fine of Rs. 3,000/- under Section 201 I.P.C.; to undergo 4 years of rigorous imprisonment with a fine of Rs. 10,000/- under Section 13(2) read with 13(1)(d) P.C. Act and in default of payment of the maximum six months additional sentence was ordered and all the sentences were directed to run concurrently.

(2.) Since the controversy and facts involved in these appeals are the same, therefore, they are being heard and decided together by a common judgment with the consent of the parties.

(3.) In a short compass, the facts which give rise to the present appeals are that the first information report was initially lodged by Assistant General Manager, State Bank of India, Ghaziabad against Dinesh Kumar Sharma and Smt. Vandana Kundra, who were posted as Clerk in State Bank of India and also against the unknown persons alleging therein that on 13.7.1992, they opened a fictitious account in the name of Raj Kumar, resident of 25 Mohalla Mirza Jan, Ghaziabad by depositing a sum of Rs. 250/-. After that a hefty amount of Rs. 3,22,056/- was shown to have been deposited by means of six credit entries in the ledger sheet from the period 23.7.1992 to 31.10.1992. Thereafter, on different dates a total sum of Rs. 3,22,000/was withdrawn by using seventeen cheques leaving balance of Rs. 322.85. Out of six credit entries, three credit entries were done by Dinesh Kumar Sharma, Clerk to the tune of Rs. 2,46,056/- and three credit entries were done by Smt. Vandana Kundra with regard to the rest of the amount. This mishandling was detected after eight months and the matter was probed by the C.B.I. on the basis of a first information report lodged on 12.4.1994 by C.B.I. After concluding the investigation, C.B.I. submitted the charge sheet against the appellants Ram Gopal and Pankaj Kumar Jain. They were charge sheeted under section 120B, 420, 467, 468, 471, 477A, 201 IPC read with section 13(1)(d) and 13(2) Prevention of Corruption Act and were summoned to face the trial in the offence aforesaid. The concerned court framed the charges in the aforesaid sections to which accused appellants denied and claimed to be tried.