BHAGABAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal against the judgement passed by the learned Special Judge (Vigilance), Sambalpur convicting the appellant under Sub-Sec. (2) read with Sub-Sec. (1)(d) of S.5 of the Prevention of Corruption Act (hereinafter referred to as the 'Act') and S.471 of the Indian Penal Code ('I.P.C.' for short) and sentencing, him to undergo rigorous imprisonment for one month for the former offence without passing a separate sentence for the latter out.

(2.) Prosecution case in brief is that the appellant was serving as an Operator 'A' in the Talcher Thermat Plant under the Orissa State Electricity Board during 1973 to 1975. By production of false and forged prescriptions, cash-memos and essentiality certificates on she ground of the illness of his family members and his own illness, he drew a total sum of Rs. 2923.58 as medical reimbursement on bills (Ext. 1 to 6) and obtained pecuniary advantage to himself. When this fact was discovered, a written report (Ext. 53) was submitted on the basis of which F.I.R (Ext. 53/3) was drawn up and investigation commence. During investigation, a large number of documents wore seized from Misra Medical Store and Mohapatra Medical Store of Talcher and Sarada Medical Store of Cuttack. The prescriptions and the essentiality certificates said to have been signed and issued by Dr. R.N. Das (P.W. 12) and the cash-memos of the above named medical stores on the basis of which the medical reimbursement was drawn were also seized. Documents were referred to the Handwriting Expert to compare, examine and report as to whether the cash-memo produced by the appellant in support of his claim of medical reimbursement were genuine or not. After close of investigation, sanction for prosecution under S.6 of the Act was obtained and charge sheet against the appellant was submitted.

(3.) The appellant took the plea that during the relevant period he met with an accident and was under treatment for about a year. During that period his parents, wife and children also suffered and were treated. Their treatment was entrusted to D.W. 1, his uncle-in-law. D.W. 1 had consulted Dr. R.N. Das (P.W. 12) and on his prescription, medicines were purchased from Misra Medical Store and Mahapatra Medical Store of Talcher and Sarada Medical Store of Cuttack. He obtained the essentiality certificates from the treating medical officer and believed them to be true and genuine. Therefore, on the basis of the documents he claimed medical reimbursement and received the amount under dispute.