RAM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order of mine shall dispose of two criminal appeals being Criminal Appeal No. 7-SB of 1995 and Criminal Appeal No. 53-SB of 1995 together as they arise out of the same impugned judgment dated 17.12.1994 passed by Special Judge, CBI, Punjab, Patiala. For the sake of convenience, the facts are extracted from Criminal Appeal No. 7-SB of 1995.

(2.) THIS appeal is directed against the judgment dated 17.12.1994 passed by Special Judge, CBI, Punjab, Patiala, vide which he convicted Ram Kumar, appellant under Sections 5(2) and 13(2) of the Prevention of Corruption Act, 1947 and 1988 (hereinafter referred to as "the 1947 and 1988 Act") respectively. Both the appellants were also convicted under Sections 420, 468 and 471 of the Indian Penal Code. Appellant Ram Kumar was sentenced to undergo rigorous imprisonment for a period of 2-1/2 years under Sections 5(2) and 13(2) of the Act and he was ordered to pay a fine of Rs. 500/-; in default thereof, he was further directed to undergo rigorous imprisonment for a period of two months. Both the appellants were further sentenced to undergo rigorous imprisonment for a period of two years each under Section 420 of the Indian Penal Code and they were ordered to pay a fine of Rs. 500/- each; in default thereof, they were further directed to undergo rigorous imprisonment for a period of two months each. The appellants were further sentenced to undergo rigorous imprisonment for a period of 2-1/2 years each under Section 468 of the Indian Penal Code and they were ordered to pay a fine of Rs. 300/- each; in default thereof, they were further directed to undergo rigorous imprisonment for a period of two months each. The appellants were further sentenced to undergo rigorous imprisonment for a period of 2 years each under Section 471 of the Indian Penal Code and they were ordered to pay fine of Rs. 300/- each; in default thereof, they were further directed to undergo rigorous imprisonment for a period of two months each.

(3.) APPELLANT Ram Kumar, while posted as Parcel Clerk, Northern Railway, Ludhiana and Harbans Lal Pahwa (appellant in connected appeal No. 53-SB of 1995) while posted as Clearing Agent in the Parcel Office, Ludhiana in the year 1987-88 had entered into a criminal conspiracy and cheated the Railway Authorities to the tune of Rs. 23,000/- by preparing forged money receipts bearing No. 413923 dated 12.2.1987 for Rs. 1,750/-, No. 332861 dated 8.7.1987 for Rs. 2,640/-, No. 334082 dated 11.7.1987 for Rs. 2,800/-, No. 341616 dated 8.4.1988 for Rs. 9,500/- and No. 789342 dated 12.6.1988 for Rs. 6,400/-. The forged refund summaries dated 5.5.1987, 29.8.1987, 20.10.1987, 23.4.1987 and 11.10.1988 were prepared in regard to the said receipts. On that basis, both the appellants claimed refund of Rs. 23,090/- from the office of Railway Authorities, Ludhiana. As per the rules, all the goods/consignments booked by the Railway Authorities are required to be delivered at the concerned destination to the consignee on production of the railway receipts. In case of perishable consignments, the same are delivered even without production of the railway receipts. When the railway receipt and refund is received, the same is submitted to the railway authorities for refund of the amount which was got deposited. After the receipt of the said documents from the consignee, the parcel office prepares summary of refund wherein the particulars of the money receipts are mentioned. The said summary is required to be signed by the in charge of the parcel office. Thereafter, the summary along with money receipt is sent to the booking office for making refund of the amount to the consignee.