PANNALAL SAHU Vs. STATE OF M P

JUDGEMENT

(1.) - In November, 1977 a life policy No. 29093648 was issued by the Divisional Office of the Life Insurance Corporation of India at Jabalpur in the name of Mohanlal Sahu. The sum assured under the said policy was Rs. 40,00/-The age of the life assured was shown as 28 years. The name and address of the life assured was given as Shri Mohanlal Sahu do Shri Pannalal Sahu, Grain Merchant, Katra, Bhitar Bazar, Sagar. The nominee under section 39 of the Insurance Act for receiving the amount due under the policy in case of death of the life assured was shown to be Pannalal Sahu.

(2.) Pannalal Sahu carried on business as Grain Merchant in the Bhitar Bazar at Sagar. The person whose life was assured under the above-said policy namely Mohanlal Sahu was a first cousin of Pannalal Sahu. One Ramkali Sahu was an agent of the Life Insurance Corporation of India at Sagar during the relevant period. It, however, appeared that it was in fact her husband, Kundanlal Sarkhar who carried on the said agency work in the name of his wife. One Shyam Bihari Mishra was working as Development Officer of the Life Insurance Corporation of India at Sagar during the relevant period. The case of the prosecution against three persons namely Pannalal Sahu, Kundanlal Sarkhar and Shyam Bihari Mishra was that the above-said, policy in the name of Mohanlal Sahu was procured by adoption of deceitful means and in pursuance of a conspiracy between the said persons. It was actually one Mohanlal Banjare who had been working as a labourer in the Dalia factory of one Laxmi Shanker Sahu alias Manna Baboo at Sagar during the relevant period who was made to pose as Mohanlal Sahu and complete all the formalities, including signing of documents and undergoing medical examination, that led to the issuance of the above- said life policy in the name of Mohanlal Sahu. The real Mohanlal Sahu, who was the first cousin of Pannalal Sahu, did not live or do any business as a Grain Merchant at Sagar. He lived in the Hukumchand Colony at Indore and earned his livelihood by working as a Hammal. This financial status was such that he was incapable of having any life policy taken out in the sum of Rs. 40,000/-. His age was also not 28 years as mentioned in the policy, but about 42-45 years. After the issuance of the above-said life policy, this Mohanlal Sahu died all of a sudden at the M. Y. Hospital at Indore on 25-4-1978. Pannalal Sahu had been in Indore a day prior to the death of Mohanlal Sahu and was present at the time of cremation. After the death of Mohanlal Sahu, it appeared that Pannalal Sahu on 1-5-1978 wrote a letter to the Divisional Manager of the Life Insurance Corporation of India at Jabalpur for sending the prescribed forms for preferring the death claim, under the policy in question and again sent a reminder in the said connection on 3 1-5- 1978. Thereafter, after receiving the Prescribed forms, he got them duly filled 10 and sent them along with the death certificates. It was perhaps thereafter that on some anonimous complaint received in respect of the alleged deceiptful means adopted in the matter by Pannalal Sahu that the same was referred to the Central Bureau of Investigation at Jabalpur. After due investigation the Challan was put up by the Central Bureau of Investigation against Pannalal Sahu, Kundanlal Sarkhar, Shyam Bihari Mishra and Ramkali Sahu in the Court of the Special Judge at Jabalpur for various offences including those under sections 420 and 420/120-B of the Indian Penal Code and section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act. The Special Judge, upon consideration of the record of the case and the documents submitted there with and after hearing the submissions of the accused and the prosecution in this behalf, was of the opinion that as far as accused Pannalal Sahu, Kundanlal Sarkhar and Shyain Bihari Mishra were concerned there was ground for presuming that they had committed the offences punishable under sections 420 and 420/109 of the Indian Penal Code and section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act and framed the charges against the said three accused accordingly. It is having been aggrieved by the order dated 11-5-1981 passed by the Special Judge to the above-said effect that accused-applicant Pannalal Sahu has preferred the present petition in this Court for quashing the charges framed against him.

(3.) Now, the record of the case contained statements of quite a large number of persons from Sagar and Indore. It also contained numerous documents right from the stage the proposal form for taking out the policy in the name of Mohanlal Sahu had been filled up till the-stage Mohanlal Sahu died in the M.Y. Hospital at Indore and the claim papers were filed by Pannalal Sahu for payment of the amount due under the policy to him. The statements persons from Sagar were to the effect that Pannalal Sahu, Kundanlal Sarkhar and Laxmi Shanker Sahu alias Manna Baboo belonged the same caste and the relations between them were wry friendly. It was stated by Laxmi Shanker Sahu in his statement that one Mohanlal Danjare aged about 28-29 years had been working as a labourer in his Dalia factory at Sagar at the relevant time and that he i.e. Laxmi Shanker Sahu knew both Pannalal Sahu and Kundanlal Sarkhar very well. The statement of Mohanlal Banjare was also there. The substance of his statement was that Kundanlal Sarkhar had talked to him about insurance and asked him to accompany him in connection with the same. The Doctor had examined him and taken his measurements and weight. His signatures had been taken on some papers at three or four places. He had put his name (Mohanlal) in Hindi in the said signatures. The admitted the signatures on the proposal form and the option form filed in the case to be his. The report of the hand-writing expert was also filed in the case. The said report was to the effect that the specimen of Mohanlal Banjare talied with the signatures on the proposal form and the option form. The statements of persons from Indore were to the effect that Mohanlal Sahu was an illiterate person and worked as a Hammal in the said city and that his financial status was not such that he could take out a life policy in the sum of Rs. 40,000/-. According to the said statements. Mohanlal Sahu was aged about 40-45 years at the relevant time and he did not leave Indore till his death. Some of these statements also indicated that the entries regarding the age and occupation in different documents relating to the death of Mohanlal Sahu were made at the instance of Pannalal Sahu so that they might not be inconsistent with those relating to Mohanlal Banjare entered in the insurance papers.