JANAM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This order will dispose of two Criminal Appeals, separately filed by Janam Singh and Dharam Chand against a common order passed against them by Special Judge, Kangra at Dharamsala, convicting each of them under sections 409, 420, 467, 468, 471 of the Indian Penal Code and section 5 (2) of the Prevention of Corruption Act (hereinafter referred to as the Act) and sentencing each of them to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 200 for each of the offence under section 409, 467 and 471 of the Indian Penal Code and section 5 (2) of the Act, and further sentencing them for a period of six months and to pay fire of Rs. 100) for each of the offences under sections 420 and 468, I. P. C. In default of payment of fire each one of the accused was directed to undergo further rigorous imprisonment for a period of one month under each count. All the substantive sentences under the aforesaid sections were, however, ordered to run concurrently.

(2.) The offences in question relate to the year 1973, At that time accused Janam Singh was Inspector Panchayat in Mehla Block of District Chamba. The other co -accused Dharam Chand at that time was the Secretary of two Panchayats Basodhan and Rathiar within the said Block Mehla. Raj Kumar Mahajan, was the Block Development Officer, Mehla. in the year 1967 the Government of Himachal Pradesh enunciated a Scheme to pay to the eligible persons belonging to Scheduled Castes and Scheduled Tribes subsidy amounts for repairing/constructing their houses and this Scheme was known as House Subsidy Scheme for Scheduled Castes/Tribes. For the purposes of implementing the Scheme in Mehla Block, an ad hoc construction Committee was constituted with the Block Development Officer, Mehla Block R. K. Mahajan as its Chairmaa and the accused Janam Singh, Panchayat Inspector, as its Secretary. A sum of Rs. 6,000 was allocated by the Government to the said Block for this purpose which amount was deposited in the Himachal Pradesh Co -operative Bank Ltd. Chamba in the name of the Block and the account with regard to this amount was to be operated under the joint name of the Chairman of the ad hoc Construction Committee and the Secretary, meaning thereby that no amount could be withdrawn out of the said amount unlees the cheque in this behalf was signed both by the Chairman R. K. Mahajan and the accused Janam Singh. The mode of disbursing this subsidy amount to the beneficiaries was that after the beneficiary had applied for such a subsidy and the case was found to be genuine after due verification, the Committee used to sanction particular amount to the beneficiary applicant and this amount usually used to be released in instalments from time to time after verifying the proper utilisation of the amount for the purpose the subsidy was meant for. The procedure of payment was that the cheque for the requisite amount used to be drawn in the name of the beneficiary issued to him under the joint signatures of the Chairman and the Secretary of the ad hoc Construction Committee and on the counter -foil of the cheque the signature or the thumb impression of the beneficiary concerned used to be obtained in token of receipt of the cheque and the beneficiary then used to draw this amount from the bank concerned.

(3.) One of such beneficiaries, namely, Bengali resident of village Basodhan, applied for such a subsidy and a sum of Rs. 750 was sanctioned in his favour for the repairs/construction of his house. The record then shows that a cheque for an amount of Rs. 600 purports to have been issued in his favour on October 8, 1973 vide cheque No. 169169 (Ex. PG/2/A) and then another cheque for Rs. 150 was again issued in his favour on November 12, 1973 vide cheque No. 169171 (Ex. PG/2/B).