NEMAI CHANDRA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 20.4.2001 passed by learned Judge, Special 3rd Court, Bankura in Special Court case no. 1 of 1999 convicting the accused/appellants under Section 409/120B,466 and 477A of the Indian Penal Code, and sentencing them to suffer rigorous imprisonment for 7 years each and to pay a fine of Rs. 10,000/- each in default to undergo simple imprisonment for 1 year for the commission of offence punishable under Section 409/120B of the Indian Penal Code and to suffer rigorous imprisonment for 5 years each and to 2 pay a fine of Rs. 7000/- each in default to undergo simple imprisonment for 1 year for the commission of offence punishable under Section 466 of the Indian Penal Code and to suffer rigorous imprisonment for 5 years each and to pay a fine of Rs. 7000/- each in default to undergo simple imprisonment for 1 year for the offence under Section 477A I.P.c. with the direction that the substantive sentences must run concurrently;

(2.) The appellant herein Nemai Chandra Ghosh and Paritosh Chatterjee along with one Smt. Swati Ghosal were put on trial before the learned Judge, Special Court no. 3 at Bankura to face charges under the above mentioned Sections of I.P.C. arising out of Bankura Police Station case no. 97 of 1996 dated 8.7.1996. The Project Officer-Cum-District Welfare Officer, Scheduled Caste and Tribe Welfare, Bankura lodged one FIR in the Bankura police station alleging therein that the appellant no. 1 no. 1 Nemai Chandra Ghosh presented a bill bearing no. 292/95-96 of Rs. 19,996/- to him for passing the same alongwith other bills on 29.3.1996. The Project Officer, after preliminary inquiry realised that the bill presented before him having its reference to supply order no. 708-BNK/S.C.T.W. dated 17.10.1995, was not genuine as the cashier-cum-storekeeper (appellant no. 1) who was given the stock entry certificate could not produce the stock register containing relevant entries therein. The Project Officer allowed the bill to be presented to the treasury as the allotment was likely to be lapsed but the cashier was advised in writing not to make payment of the said bill and other bills passed for stationery articles 3 without proper verfication. Afterwards, on scrutiny of the bill submitted by M/S. Priya Enterprise, Kankata, Bankura, it appeared to the Project Officer that the stock entry certificate on the body of the bills were false because the Cashier-cum-Storekeeper could not show the relevant entry in stock register at the time the bill was presented before Project Officer for passing it to the tresury. During such of investigation in the middle of May 1996, the appellant No. 1, Upper Division Clerk of the office of the Project Officer presented a stock register stating that articles as per bill No. 708- BNK/SCTW dated 17.10.1995 were received from M/s. Priya Enterprise and distributed amongst the Inspectors of two blocks. Out of suspicion, the Project Officer started questioning the Inspectors and all of them informed him in writing that they did not receive any such stationery articles mentioned against their names in the stock register and that they were compelled to sign the stock register by the appellant no. 1 on assurance that they would get the supply of the articles in due course of time. The appellant no. 1 conjointly with Smt. Swati Ghosal his wife entered into a conspiracy along with the appellant no. 2 with a common intention for preparation of false stock register and also for presenting the same before the Project Officer who in good faith authenticated the said stock register. The appellants on the basis of fictitious receipt and distribution of stock managed to get the false bill of Rs. 51,576/- passed and therefore, misappropriated the said amount. The case was investigated into and on conclusion of investigation, charge-sheet was filed against the appellant as 4 well as Smt. Swati Ghosal under Sections 409/120B, 468 and 477A of IPC. The trial was conducted by the learned Judge, Special Court no. 3 at Bankura who framed charges against all the appellants as well as Smt. Swati Ghosal under the above mentioned Sections to which the appellants pleaded not guilty and claimed to be tried. Accordingly, the trial commenced. After recording the evidence and upon consideration of the evidence so recorded and the materials placed before the Court as exhibit, the learned Judge found that the charges framed against Smt. Swati Ghosal could not be established by the prosecution but the charges leveled against the appellants were established by the prosecution beyond all reasonable doubt. Accordingly, the learned Judge recorded their conviction and order of sentence mentioned earlier. Being dissatisfied with and aggrieved by the said judgement and order, this appeal has been preferred by Nemai Chandra Ghosh and Paritosh Cahtterjee long back in the year 2001. Ultimately, the appeal is heard. The appellants have taken the following grounds while challenging the judgement and order impugned -

(3.) It appears from the record that the appellants and Smt. Swati Ghosal were arrayed to face charges under Section 466 of the IPC for forgoing certain 8 documents, such as, stock register, bill etc. and under Section 477A of the IPC for altering the stock register and bill belong to SCTWD, Government of West Bengal with an intention to defraud and offence under Sections 409/120B IPC for committing criminal breach of trust in respect of Rs. 51576/- and Rs. 31850/- belonging to the SCTWD, Bankura, Government of West Bengal. Smt. Swati Ghosal was found not guilty to the charges levelled against her and was acquitted by the learned Judge. It also appears that as many as 17 witnesses were examined on behalf of the prosecution. The seizure lists prepared by the I.O. was marked ex. 1. The ex. 1 shows that the office order no. 353 dated 24.8.1994, supply order no. 708 BNK/SCTW dated 17.10.1995, bill no. 250/1995 - 96, bill no. 292, 252, 254 of the year 1995 - 1996, the stock register of stationery articles written up to batch no. 1 to 3, the cheque no. 389274 dated 26.9.1996 of Rs. 2450/-, cheque no. 389272 dated 26.3.1996. Cheque no. 179660 dated 29.3.1996 of Rs. 19600/- issued in favour of Priya Enterprise, statement of Paritosh Chatterjee, the appellant no. 2 attested by a witnesses and statement of Durgapada Roy, Inspector, statement of Ahmed Ajijul Karim, Inspector and statement of Hemanta Kumar Bajaria, Inspector, were seized by the I.O. under the seizure list The I.O. also seized a chalan of stationery articles of Priya Enterprise 0n 20.10.95 and statement of Swati Ghosal of Priya Enterprise dated 26.6.1996 under a seizure list which was marked as ex. 2/1. The I.O. seized stock register of stationery articles, supply order no. 92, written statement of Swati Ghosal, Chalan of stationery articles, 9 written statement of R. Banerjee, Nemai Chatterjee, Bires Chandra Nandy, Vevekanda Sarkar and some bills under a seizure list which was marked as ex 3/1. The notice of the Project officer addressing Vivekanda Sarkar Social workers in the said department was marked ex. 21. The petition of complaint (FIR) addressing the S.P (DEB), Bankura lodged by the Project officer has been marked ex. 21/1. The report of presenting fake bills towards the payment for stationery articles by one of the partners of M/S Priya Enterprise was marked Ex. 21/3. The signatures of Inspectors showing receipt of stationery articles from Priya Enterprise vide order no. 708 dared 17.10.1995 in the registers were marked as ex. 9/1,9/2 ,9/3 and 4/1,4/2,4/3. The register containing the signature of the Project Officer dated 25.4.1995 and the signature and writing "checked and verified" was also marked ex. 4/4. The bill cheques, office order supply order are also marked as exhibit in course of trial on behalf of the prosecution.