RAM RAJ SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) There three appeals have been preferred by four appellants who have been convicted under various sections by the Judge, Additional Special Court, Calcutta, the Appeals Nos. 234 of 1962 and 243 of 1962 being preferred by the appellants Ram Raj Singh and Mangal Singh Limbu respectively and the appeal No. 242 of 1962 by Nagendra Prosad Singh and Ananta Kumar Sinha. All the four appellants have been convicted under Ss. 120-B/420 I. P. C. The appellants Ramrai and Ananta have been further convicted on nine counts, three of which are under Section 420 read with Section 34 of the I. P. C., three under Section 467 read with Section 34 of the I. P. C. and three under Ss. 471/467 read with Section 34 of the I. P. C. The appellants Mangal Singh and Nagendra Prcsad have been further convicted on six counts, two of them being under Section 420 read with Section 34 of the I. P. C., two under Section 467 read with Section 34 I. P. C. and two under Sections 471/467 read with Section 34 of the I. P. C. The appellants have all been sentenced to R. J. for four years on each of the counts, the sentences being made to run concurrently.

(2.) The appellants were members of the Railway Protection Police, now known as Railway Protection Force, stationed at Sealdah Sub-division of the Eastern Railway and having their camp at nf rikeldanga. The appellants Ram Ral Singh and Mangal Singh Limbu held the rank of Sub-Inspector or Subedar while the appellants Ananta Kumac Sinha and Nagendra Prosad Singh were constables. Whenever necessary members of the Railway Protection Police stationed at Sealdah used to be sent on duty to outstations, this being known as 'Line duty'. For such 'Line duty' the members of the force were entitled to get some travelling allowance. For the purpose of drawing the travelling allowance they were required to submit T. A. Journals furnishing the details of the journeys made. As most of the Constables were illiterate the journals used to be prepared by some of the literate Constables in the camp while those in whose names the journals were prepared used to put their thumb-impressions or signatures on them. There were bill clerks in the office who used to prepare T. A. Bills from these journals. The Bills used to be checked first by the Sub-Inspectors who were Platoon Commandants and then by the Inspectors who were Company Commandants and thereafter also by the Assistant Commandant and Commandant and then sent to the Divisional Accounts Office. When the Bills had been passed by the Divisional Accounts Office payments used to be made through pay clerks. The persons taking payment had to put their signatures or thumb-impressions on the T. A, Bills by way of acquittance, such signatures and thumb impressions being attested by a Sub-Inspector.

(3.) Some time in the year 1955 a complaint reached the authorities that some malpractices were prevalent in the Sealdah R. P. P. in the matter of drawing of travelling allowances. This led to an enquiry which revealed some facts leading to the prosecution of the appellants and another person named Sourendra Nath Mukerjee since acquitted by the trial Court.