ANIL CHANDRA CHOWDHURY Vs. STATE

JUDGEMENT

(1.) This is an appeal against an order of conviction dated 29.6.73 passed by Sri A.K. Nayak, Judge Special Court, Burdwan in Special Court case no. 1 of 1971 under Sections 511/420 and 471/468 of the Indian Penal Code and sentencing the appellant to suffer rigorous imprisonment for six months on each court. It was ordered that the sentences were to run concurrently.

(2.) The prosecution case is that the accused Anil Chandra Chowdhury a class III employee in the machine shop at Durgapur Steel Plant, in Oct., 1969 attempted to cheat the Durgapur Steel Plant Authorities to the extent of Rs. 698.50 by submitting a false claim for reimbursement of his travelling allowances claiming that ha had travelled along with the members of his family from Andal to Lucknow and back in the First Class by railways and for using a false money receipt as genuine in support of his claim as aforesaid. It is alleged that the accused committed offences under Sections 511/420 I.P.C. and 471/468 I.PC.

(3.) It is the prosecution case that the accused was working as a class III employee in the wheel and Axle Plant, Axle Machine Shop in Oct., 1969 and onwards. It is the further prosecution case that the employees of the Steel Plant are entitled to avail themselves of the leave travel concession entitling them to reimbursement of the full fare for their journeys both ways from the Headquarters to a distance situate within 730 kilo meters, on actual proof thereof. An employee is also entitled to an advance for the proposed journey and to leave for the said purpose. The accused took leave from 15.10.69 to 31.1.69 under leave travel concession scheme declaring the proposed place of his visit at Lucknow with his wife, three daughters, one son and accordingly withdrew an advance of Rs. 535.00 towards that end in view on 16.9 69 on the basis of calculation of his First Class fare from Andal to Lucknow with the members of his family to be Rs. 657.50. On 8.11.69 the accused submitted a bill under his signature claiming a total sum of Rs. 698.50 as the First Class fare from Andal to Lucknow and back together with incidental charges for himself, his wife, three daughters and a son. Ft is alleged that the accused produced a false money receipt dated 15.10.69 purported to have been issued to him from Andal railway station for - the sale of First Class railway ticket from Andal to Lucknow and back in support of his claim for T.A. Bill knowing or having reason to believe the same to be false. According to the prosecution, no such receipt was issued to the accused, but a money receipt bearing the same number of the same date was issued in favour of one S. D. Chatterjee for his journey from Andal to Puri by Third Class. It is the further prosecution case that the records show no sale of any First Class ticket from Andal to Lucknow or any reservation in the name of the accused and his family in the First Class, or any other Class on the relevant date from Andal to Lucknow. It is alleged that the accused submitted a false claim for reimbursement falsely showing that he had travelled with his family from Andal to Lucknow and back and with that end in view used a - forged document, namely, the money receipt as genuine knowing it to be forged. According to the prosecution, after adjustment of the final T.A. bill he was found to have been entitled to reimbursement of a sum of Rs. 132.50. Subsequently, the offence was detected by special police establishment on receipt of an information. A.B. Mukherji, Inspector attached to C.B.I., special Police Establishment, took up investigation after drawing a suo - motu F.I.R. dated 20.4.70. T.A. bill submitted by the accused and the records concerned of the railways were seized and after examining witnesses and completing investigation and receiving allotment from the Government submitted chargesheet on 29.1.71 before the learned Judge. The learned Judge took cognizance after examination of as many as 13 witnesses and charges were framed as stated above.