KAJAL DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is preferred by the accused appellant against the judgment dated 30.12. 2005 of the learned Additional Chief Judicial Magistrate, West Tripura, Agartala in GR case No. 658 of 1993 whereby and whereunder, the accused appellant was convicted under Sections 468/471/477-A/409 IPC and sentenced him to suffer R.I for seven years and to pay a fine of Rs. 10,000/-, in default of payment to suffer further S.I. for six months for the offence committed under Section 409 IPC and sentenced to suffer R.I. for three years and also to pay a fine of Rs. 5000/- in default to suffer further S.I. for three months for the offence committed under Section 471 IPC and further sentenced to suffer R.I. for two years for the offence committed under Section 477-A of the IPC, but no separate sentence was imposed for the offence under Section 468 IPC as in order to commit offence under Section 471 IPC, one is to commit offence under Section 468 IPC.

(2.) We have heard Mr. Kabir, learned counsel for the accused appellant and Mr. S. Chakraborty, learned special P.P. for the respondent-State.

(3.) The accused appellant while working as LDC and UDC in the Consumer Services Sub-division No. 1, Banamalipur was incharge Head Cashier in the year 1992 and 1993 and he was entrusted with the cash amount of Rs.11,13,355.95 p as a public servant. On 23.12.1992, while he was discharging his duty as Head cashier prepared one challan bearing No. 67 dated 21.12.1992 (Ext. 25 series) for Rs. 73,196.65 P and thereafter obtained signature of the Drawing & Disbursing Officer (DDO), (P.W 1) for depositing the same in the Govt. head at State Bank of India, TLA House Branch, Agartala and in the said capacity, he also prepared as such another challan No. 36 dated 19.1.93 for the amount of Rs.73,219.10 P. He prepared those documents in a manner with the receipt seal of the said Bank as if the amount shown in those challans were actually deposited in the Bank, but the facts remained that he did not deposit the said amount. Thus, he had forged the aforesaid two challans being challan No. 67 and 36 knowing fully well that those would be used for the purpose of cheating the Govt. of Tripura, Department of Electricity and also used the said forged documents as genuine knowing or having reason to belief that those documents were forged documents.