JEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) G. S. Turney, District Manager, Jeet Singh, Assistant Manager, A. L. Vohra, Assistant Manager, N. K. Sood, A.G.I., R. C. Kansal, A. G. II, Balwinder Singh A.G.I., Food Corporation of India, Patiala, S. K. Kansal, Propri etor M/s. Kansal Sanitary Stores, Tripuri, Patiala and nephew of R. C. Kansal, Anil Kumar Aggarwal, Clerk-cum-Cashier, State Bank of Patiala, Ropar and Gurmail Chand son of Bhagat Ram resident of Jitpuri (Hoshiarpur) were tried by Special Judge, C.B.I. Patiala, under Section 120-B read with Sections 420 and 420, 467, 467, 468, 471 and 477-A of the Indian Penal Code and under Section 5(2) read with Section 5(i)(d) of the Prevention of Corruption Act. N. K. Sood, accused was, however, discharged by this Court, whereas A. L. Vohra was discharged by the Special Judge. Vide order of the learned trial Court dated 8-10-1990 Balwinder Singh and Anil Kumar Aggarwal were acquitted whereas G. S. Turney, Jeet Singh, R. C. Kansal, S. K. Kansal and Gurmail Chand accused were convicted and sen tenced as follows :- G. S. Gurney : Under Section 120-B read with Ss. 419/420/467/468/471/477-A, I.P.C. and under Section 5 (1) (d) read with S. 5(2) of the Prevention of Corruption Act, Rigorous Imprisonment for 38 months under Section 420, I.P.C. under Section 420, I.P.C. Rigorous imprisonment for one year each under Section 5(i) (d) read with Section 5(2) of the Prevention of Corruption Act, Rigorous imprison ment for 38 months, 477-A, I.P.C., Rigorous impris onment for 38 months, under Section 471, I.P.C. RI for 38 months, under Section 467, I.P.C. rigorous imprisonment for 38 months. He is also directed to pay a fine of Rs. 500.00 for all the offences in default whereof he was ordered to undergo further undergo Rigorous imprisonment for two months. All the substantive sentences of imprisonment were or dered to run concurrently. R. C. Kansal : Under Sections 120-B read with Sections 420/467/468/471/477-A, I.P.C. and 5(I)(d) read with Section 5(2) of the Prevention of Corruption Act, RI for one month. Under Section 420, I.P.C., RI for one month, under Section 5(i)(d) read with Section 5(2) of Prevention of Corruption Act, RI for one month, under Section 477-A, I.P.C. RI for one month, under Section 471, I.P.C., RI for one month, under Section 468, I.P.C., RI for one month, under Section 467, I.P.C., RI for one month, under Sections 467 and under Section 468, I.P.C., RI for one month. He was also directed to pay a fine of Rs. 3000.00 for all the aforesaid offences, in default of payment of fine, he was ordered to further undergo RI for four months. All the substantive sentences of imprisonment were ordered to run concurrently. Gurmail Chand : Under Sections : 120-B read with Ss. 419/420, 467/468/471/477-A, I.P.C. read with S. 5 (i) (d) read with Section 5(2) of Prevention of Corruption Act, RI for 38 months, under Section 420, I.P.C., RI for one year, under Section 419, I.P.C. RI for one year, under Section 467, I.P.C., RI for one year, under Section 468, I.P.C. RI for one year, under Section 471, I.P.C., RI for one year, under Section 420, I.P.C., RI for one year. He was also directed to pay a fine of Rs. 500.00 for all the aforesaid offences, in default of payment of fine he was ordered to undergo further undergo R. I. for two months. All the substantive sentences of imprison ment were ordered to run concurrently. S. K. Kansal : Under Sections 120-B read with Sections 419/420/467/468/471/477-A, I.P.C. and 5(i)(d) read with Section 5(2) of the Prevention of Corruption Act, under Sections 420, 109, IPC read with Section 419, I.P.C. and 471, I.P.C. till rising of the Court. He was also directed to pay a fine of Rs. 1000.00 for all the aforesaid offences, in default of payment of fine he was ordered to undergo further undergo R. I. for one month. The sentences were ordered to run concurrently. Jeet Singh : Under Sections : 120-B read with Section 419/420/467/468/471/477-A, I.P.C. and 5(i)(d) read with Section 5(2) of the Prevention of Corruption Act RI for 38 months, under Section 420 I.P.C., RI for one year, under Section 5(i)(d) read with S. 5(2) of the Prevention of Corruption Act, RI for one year, under Section 477-A, I.P.C., RI for one year, under Section 471, I.P.C., RI for one year, under Section 468, I.P.C., under Section 467, I.P.C. RI for one year, under Section 467, I.P.C., RI for one year. He was also directed to pay a fine of Rupees. 500/- for all the aforesaid offences, in default of payment of fine he was ordered to undergo further RI for two months.

(2.) Against the order of their conviction and sentence, G. S. Turney appellant filed Criminal Appeal No. 383-SB of 1990, Jeet Singh appellant tiled Criminal Appeal No. 388-SB of 1990 and Gurmail Chand appellant filed Criminal Appeal No. 389-SB of 1990. As common questions of law and fact are involved in all the aforesaid three criminal appeals, all these shall be disposed of by one judg ment.

(3.) In brief facts of the prosecution case are that G. S. Turney, accused, while working as District Manager, Food Corporation of India, District Of fice, Patiala wrote letter No. DM/PA/PTA/Bhadson/82 dated 19th of June, 1982 to Shri Y. S. Ratra, IAS, Senior Regional Manager, Food Corporation of India, Regional Office, Punjab, Chandigarh, to the effect that Jit Singh, Assistant Manager (A/c) and Shri A. L. Vohra, Assistant Manager (Comp.) brought to his notice on 18th of June, 1982, that Rupees. 2,25,938/- (Rs. 1,14,563) on 4-9-1981 and Rs. 1,11,375.00 on 26-10-1981 vide demand draft No. 033676 and Demand Draft No. 036392 respec tively) have been taken by Shri Harbans Lal HTC Bhadson by claiming paid amounts on the basis of fictitious bills. Both these officers were immediately directed to proceed to Bhadson as well as meet the Bank authorities where the transactions had taken place. A copy of office note dated 18-6-1982 and orders thereon by the said officer were also attached. The reports were submitted by these officers on that day. Immediately after going through the reports the concerned documents of the Account Branch were seized and taken into custody except two bills which were not traceable in the office for which a separate memo had been issued to the Assistant Managers concerned to get it traced immediately. It was men tioned in the said letter that after going through the record, it has been observed that two drafts men tioned above have been issued by this office. One bill for Rs. 114563.00 was dealt with by R. C. Kansal, AGII (A/c) and checked by N. K. Sood, A.G.I (M) of Account Branch and the order passed were signed by A. L. Vohra, Assistant Manager (Comp). because Shri Jeet Singh Assistant Manager was on leave that day. The second bill for Rs. 1,11,375.00 was dealt with by R. C. Kansal, A.G.II (A/cs) and checked by N. K. Sood A.G.I and orders passed were signed by Jit Singh Assistant Manager. In the first case the payee account cheque was signed by him (G. S. Turney accused) as Jit Singh Assistant Manager was on leave, and, the second cheque was signed by Jit Singh who had returned from leave. After going through the report G. S. Turney along with Shri P. R. Ananda Rao, District Manager, proceeded to Bhadson to lodge the first information report with the police, but, Station House Officer, Bhadson, after going through the report directed them that the same should be lodged either at Patiala or at Nabha where the transactions had taken place. Accord ingly, G. S. Turney and P. R. Ananda Rao, came to Patiala and contacted Station House Officer, Civil Line Patiala as the Senior Superintendent of Police's office was closed due to Saturday. The formal first information report had not been lodged but the letter had been acknowledged by the Police Station and they have been informed that the action for lodging the first information report shall be taken on 21/06/1982.