LALL CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 10.03.1993, rendered by the Special Judge, CBI, Punjab, Patiala, vide which he convicted and sentenced the accused (now appellant), as under: (See table below) The substantive sentences of the accused were ordered to run concurrently.

(2.) The facts, in brief, are that the accused was posted as Luggage Porter in the parcel office, Northern Railway, Bathinda upto March 1986 and Assistant Guard, at the same Names of the accused (now appellant The offence for which conviction was was recorded Sentence awarded 1 Lall Chand U/S. 420 IPC Rigorous imprisonment for one year, Fine of Rs. 100/-, In default of payment of fine to undergo rigorous imprisonment for one month. 2 Lall Chand U/S 5(2) of the Prevention of Corruption Act Rigorous imprisonment for one year, Fine of Rs. 200/-. In default of payment of fine to undergo rigorous imprisonment for two months. station, from April, 1986 to April, 1987. According to the procedure all the goods/ parcel consignments booked by the Railways are delivered at the destination station, to the consignee, on the production of railway receipt/parcel way bill. However, in the case of consignments of perishable goods, like fruits, vegetables etc. the same are delivered even without production of the railway receipt or parcel way bill, if the consignee deposits the cost of perishable goods with the Parcel Clerk. On deposit of the amount, money receipt is issued by the Parcel Clerk. When the railway receipt becomes available, with the consignee, he deposits the same along with money receipt, for the refund of the amount, deposited by him. The parcel office, on receipt of the said documents, prepares a fresh fruit refund summary, wherein, the particulars of the money receipt are entered and the same is signed by the In-charge of the Parcel Office/Thereafter the summary along with the money receipt is sent to the booking office for making refund of the amount, to the consignee. The Booking Clerk/Supervisor obtains the signatures of the consignee, on the back of the money receipt, and then makes the refund to the consignee, through in-charge of the parcel office.

(3.) Lall Chand, accused, dishonestly and fraudulently managed the payee copy of the money receipt, from the parcel office of Northern Railway, Bathinda, prepared and issued the same indicating therein, the bogus amounts of deposits. It was further alleged that he prepared fresh fruit summary, mentioning therein, fictitiously the amount deposited, as mentioned in the money receipt. He, thus, withdrew the amount of Rs. 2400/- on 4.1.1987, on the basis of forged money receipt No. 928209 dated 21.12.1986, an amount of Rs. 1600/-, on the basis of forged money receipt No. 435993 dated 15-1-1987, and an amount of Rs. 1400/-, on 6-2-1987, on the basis of forged money receipt No. 928250 dated 25.12.1986. In this way, the accused defrauded and cheated the Railways to the tune of Rs. 5440/-. The FIR was registered against the accused. During the course of investigation, the statements of the witnesses were recorded. The accused was arrested. After the completion of investigation, the accused was challaned.