PRITHWI CHAND DAS Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE appeals being directed against common judgment and order of conviction and sentence dated 16.09.2010 and 17.09.2010 passed by the learned Judge, Special (C.B.I.) Court, Bichar Bhawan, Calcutta -1 are heard analogously and disposed of together.

(2.) THE prosecution case, as alleged, against the appellants is as follows: One D.K. Singh of NPCC Limited, Phansideoa (P.W.2) lodged a complaint with Phansideoa Police Station on 22.07.1997 alleging that 30000 empty cement bags had been pilfered from their office premises. The said bags were valued at Rs. 30,000/ -. Subsequently Central Bureau of Investigation instituted a suo motu case on the basis of source information being CBI Case No. RC 45/97 -Calcutta dated 12.11.1997 under Section 120B/409/465/471 of the Indian Penal Code and Under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 against one P.C. Das, Deputy Manager (P & A), NPCC Ltd. Teesta, Phase -1, Phansideoa, Darjeeling (appellant in C.R.A. No. 635 of 2010) and one Sitaram Das, Labour Supply Contractor at Teesta Phase -I (appellant in CRA No. 660 of 2010) alleging that they had entered into a criminal conspiracy and in further thereto had stolen 40,000 pieces of empty gunny bags and sold them in open market at a price of Rs. 80,000/ - and instead of depositing the sale proceeds with NPCC Ltd. allegedly misappropriated the said amount thereby causing wrongful financial loss to NPCC Ltd. and consequent financial gain to themselves. It transpired that appellant P.C. Das used to look after the administration and establishment of the unit and maintain liaison within various Government departments/private agencies etc. and was not concerned with the stores or the store items of the unit. The appellant Sitaram Das was a distant relationship of P.C. Das and was working at Labour Supplier Contractor at Teesta, Phase -I. The appellant Sitaram Das was entrusted with 30950 pieces of empty cement bags by Sri Amar Majumdar, Junior Engineer (Civil) against four receipts dated 08.04.1997 for 4050 bags, dated 15.04.1997 for 8000 bags, dated 17.04.1997 for 11,900 bags, dated 19.04.1997 for 7000 bags being Exhibit 33 collectively to transport the bags from various sites to an empty garage in the office premises of Teesta Phase I Project. The empty bags were lying at various sites of the project and they were collected by contractor named Shri Kasimuddin Mohammad (P.W.6) with the assistance of appellant Sitaram Das at the direction of appellant P.C. Das and the same was stored in the garage of the office premises of Teesta Phase I project as there was no adequate space in the stores. Kasimuddin Mohammad was paid of Rs. 950/ - through cheque no. 039251 dated 15.07.1997 against cash voucher no. 182 dated 15.07.97 duly verified by P.C. Das. It is also revealed that at the instance of P.C. Das empty cement bags were sold out to Brahmadeo Sahani (P.W. 4), dealer of empty cement bags, at a price of Rs. 40,000/ - in cash and on 24.04.1997 the bags were taken away in two trucks bearing nos. WGY 8261 and WB -73/1779. The bags were loaded into two trucks by local labourers of Dali Mohammed (P.W. 8) under the supervision of P.C. Das. Such loading of empty cement bags was also done with the active assistance of Sitaram Das. The appellant P.C. Das deposited the monies received by him for such transaction in his savings bank account maintained with State Bank of India, S.F. Road Branch, Siliguri in the joint names of himself and his wife through pay -in -slip duly filled in his own handwriting. Sanction was obtained for prosecution of P.C. Das and in conclusion of investigation charge -sheet was filed against the appellants under Sections 120B, 409,465 and 471 of the Indian Penal Code against P.C. Das and Sitaram Das and under Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 against P.C. Das. Charge was framed against appellant P.C. Das under Sections 120B and 409 of the I.P.C. and under Sections 465/471 of the I.P.C. against P.C. Das and Sitaram Das under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 against Sitaram Das and sentencing him to suffer simple imprisonment for one year and to pay a fine of Rs. 1000/ - only in default to suffer simple imprisonment for one month and charge -sheet was also framed convicting the appellant, Sitaram Das, under Sections 120B/409 of the Indian Penal Code and sentencing to suffer simple imprisonment for one year an to pay a fine of Rs. 1000/ - in default to suffer simple imprisonment for one month on each count for the offence under Sections 120B/409 of the Indian Penal Code and the appellant was found not guilty of the charges under Sections 465/471 of the Indian Penal Code. Appellants pleaded 'not guilty' and claimed to be tried. In the course of trial the prosecution examined as many as 25 witnesses and a large number of documents including the order of sanction were exhibited. The defence of the appellants was one of innocence and false implication. The defence did not examine any witness of its own but exhibited a letter dated 17.02.1997 written by P.W. 2, D.K. Singh to the Chief Vigilance Officer, NPCC, Phansideoa. In conclusion of trial, the learned Trial Judge by judgment and order dated 16.09.2010 and 17.09.2010 convicted the appellant P.C. Das for the offence punishable under Sections 120B and 409 of the Indian Penal Code and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to suffer simple imprisonment for one year and to pay a fine of Rs. 1000/ - only in default to suffer simple imprisonment of one month.

(3.) BEING aggrieved by the aforesaid judgment and order of conviction and sentence P.C. Das has preferred the Criminal Appeal No. 635 of 2010 and Sitaram Das preferred the Criminal Appeal No. 660 of 2010.