G.P. NATH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) BOTH of these appeals are directed against judgment and order dated 3 -12 -2007/6 -12 -2007 passed by Special Judge, (CBI) Shillong, in Special Case (CBI) No. 2 of 1993 whereby accused/appellants Shri. Ganga Prasad Nath (for short G.P. Nath) and Shri. Ashutosh Modak were convicted under Section 120(B), 420 and 406 IPC, and each one of them has been sentenced to imprisonment for a period of 6(six) months under Section 120(B) IPC, imprisonment for a period of 1(one) year under Section 406 IPC and imprisonment for a period of 2(two) years and to pay fine of Rs. 20,000/ - under Section 420 IPC. Accused/appellant Ashutosh Modak has been further convicted and sentenced under Section 13(2) of Prevention of Corruption Act, 1988, for a period of 1(one) year and directed to pay fine of Rs. 20,000/ - in default of payment of which he is required to undergo imprisonment for a further period of 6(six) months. Heard learned counsel for the parties and perused the lower court record.

(2.) BRIEF facts of the case are that accused G.P. Nath is husband of Smti. Usha Rani Nath, an LIC Agent with code No. 2294 of 483, who used to collect premiums from the policy holders on behalf of his wife. Accused G.P. Nath, had a Savings Bank Account with United Bank of India, Shillong Branch where he got acquainted with accused Ashutosh Modak who was a Bill Collector in said Bank. Accused G.P. Nath himself was a teacher in Anath Ashram L.P. School. Life Insurance Corporation of India (for short LIC) had 3(three) accounts with the Shillong Branch of said Bank out of which one account was meant for depositing LIC premiums deposited by policy holders. The prosecution case is that accused/appellants Ashutosh Modak and G.P. Nath entered into a conspiracy under which Ashutosh Modak opened a Savings Bank Account with Shillong Co -operative Urban Bank Ltd. in 1991 for the purpose of using the account for the agency work of LIC being performed by accused G.P. Nath. Modus operandi of accused G.P. Nath was to collect premiums in cash from different policy holders but he used to show the payment of premiums by presenting cheques obtained from 5(five) different account holders. The amount used to be filled by G.P. Nath himself before the same was presented in the LIC counter. On request of accused G.P. Nath, accused Ashutosh Modak also used to give him signed blank cheques of the account opened by him with Shillong Cooperative Urban Bank. After the LIC sent the cheques to United Bank of India for collection of the sum in its account, accused Ashutosh Modak used to withhold the cheques before the same were sent to the drawee bank. As many as 36 cheques were withheld by accused Ashutosh Modak in the year 1991 which were presented by accused G.P. Nath at the LIC counter. 15 policy holders who were cheated, corroborated the fact as to how they made payment to accused G.P. Nath, and the same was not deposited. After investigation, it was found that a sum of Rs. 1,66,300.85p was misappropriated by accused/appellant G.P. Nath and Ashutosh Modak. First Information Report was registered on 20 -2 -1993 regarding the above mentioned transactions of the year 1991 -92 with Central Bureau of Investigation (for short CBI). After investigation, charge sheet was filed against both the accused G.P. Nath and Ashutosh Modak in respect of offences punishable under Section 120(B), 420, 406 IPC and one punishable under Section 13(2) read with Section 13 (I)(d) of the Prevention of Corruption Act, 1988.

(3.) IN support of its case, the prosecution got examined PW1 Jagadish. Dutta (Assistant Teacher of Anath Ashram L.P. School situated at Mawprem), PW 2 Pradip Chandra Paul (a policy holder of LIC), PW 3 Nirmal Kumar Nandi (a Clerk of State Bank of India), PW 4 Krishna Padak Kuri, (another policy holder of LIC), PW 5 Kalipadau Kuri (also LIC Policy Holder), PW 6 Bijoy Adhikari (whose daughter was a student in the school where G.P. Nath used to work and who was persuaded by said accused to have a policy with LIC), PW 7 R.K. Banik (Development Officer of LIC), PW 8 Raghubir Saini, (yet another policy holder of LIC), PW 9 Prabhash Chandra Dutta (who also got his LIC policy through G.P. Nath), PW 10 Subrata Poddar (similarly situated policy holder of LIC who also used to make payment of premiums like above mentioned other account holders to accused G.P. Nath), PW 11 S.M. Bhoumick, (Branch Manager of United Bank of India), PW 12 Subhas Chandra Kuri, (who also obtained LIC from accused G.P. Nath and made payment of premium like above mentioned others in cash to him), PW 13 Gaurang Kumar Paul (who had taken as many as five LIC policies through accused G.P. Nath), PW 14 Bhawanlal Jain (also LIC policy holder who also used to pay premiums in cash to accused G.P. Nath), PW 15 Hiren Chandra Nath, (Assistant Administrative Officer of LIC), PW 16 Purimal Nandey, (also an account holder who paid cash premiums to accused G.P. Nath), PW 17 Bishnupada Kuri (who opened an account with Shillong Cooperative Urban Bank, and from whom accused G.P. Nath took cheque book for depositing LIC premiums), PW 18 Nalini Kanta Nandi, (yet another policy account holder who disclosed that accused G.P. Nath used to take cash towards premiums of LIC and used to give katcha receipts), PW 19 Nilandra Borthakur, (Cashier, LIC), PW 20 Mehir Kanti Paul, (who had an account with State Bank of India and whose cheque book was also allegedly used by accused G.P. Nath), PW 21 Shondro Kharkongor, (an Officer of United Bank of India), PW 22 Sushanta Kumar Roy, (also a policy holder of LIC), PW 23 Gogesh Chandra Saha, (Assistant Regional Manager of United Bank of India), PW 24 Smti. B. Passah (produced but discharged and not examined), PW 25 Sami Bhattacharjee, (a colleague of accused G.P. Nath in Anath Ashram Lower Primary School), PW 26 B.D. Kharpran Dali, (Secretary of Shillong Co -operative Urban Bank), PW 27 Sikanta Mazumdar, (Branch Manager of Ka Bank Nongkyndong, Ri Khasi Jaintia, Umpling Branch), PW 28 Jormanik Syiem, (also an employee of aforesaid Ka Bank Nongkyndong, Ri Khasi Jaintia, Shillong), PW 29 T. Thangzalian, (CBI Inspector who investigated the crime), PW 30 V.G.S. Bhatnagar, (Government Handwriting Expert), PW 31 Prasanta Mawthoh, (witness of seizure memo), PW 32 A.K. Brahma, (before whom specimen signatures of accused Ashutosh Modak and accused G.P. Nath were taken), PW 33 Smt. T. Lyngdoh, (also witness of specimen signatures of both the accused), PW 34 Robindra Ch. Gupta, (Chief Manager of United Bank of India who accorded sanction for prosecution), PW 35 Mamindra Sarania, (Inspector of CBI in whose presence search was conducted in the house of accused G.P. Nath), PW 36 P. Mawa, (Officer of Central Bank of India, also witness of the search in the house of accused G.P. Nath), PW 37 Manoranjan Bhadra, (an employee of Central Bank of India, also witness the search operation by CBI in the house of the accused G.P. Nath) and PW 38 Krishna Mangal Das, (Inspector of Police who also accompanied the CBI team to the house of accused G.P. Nath).