LAWS(PAT)-2000-6-24

CHANDU MAHATO Vs. STATE OF BIHAR

Decided On June 21, 2000
CHANDU MAHATO Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This appeal has been directed against the judgment and order of conviction and sentence passed by the Special Judge, C. B. L., Ranchi, in R. C. Case No. 16(A)/89(R) whereby and whereunder he convicted the appellant namely Chandu Mahato under Sections 120-B, 420, 419, 468, 471, 477-A of the Indian Penal Code and Section 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for a period of five years under Section 13(2) read with 13(i)(d) of the Prevention of Corruption Act and also sentenced him to undergo rigorous imprisonment under Sections 120-B, 419, 420, 468, 471, 477-A of the Indian Penal Code for a period of six months, one year, three years, five years, two years and five years respectively. The sentences were ordered to run concurrently.

(2.) The prosecution case in narrow compass is that in the year 1986 the appellant Chandu Mahto in conspiracy with some unknown persons impersonated himself as Jyoti Lal Mahto, staff No. 117772, Rigger, Capital Repair (M), Bokaro Steel Plant, submitted an application for non-refundable advance of Rs. 16,000/- from the provident fund account of Sri Jyoti Lal Mahto by misrepresenting himself as Jyoti Lal Mahto. The application was filed along with the agreement alleged to have been executed by one Sri Sona Ram Mahto of village Telidih, Chas, showing that he was willing to sell his plot of land to Jyoti Lal Mahto for a consideration of Rs. 20,000/-. The application was received in P.F. Section on 11-2-86 and after examining the admissibility payment voucher for Rs. 16,000/- was passed in favour of Jyoti Lal Mahto and Cheque No. OC/50-709554 dt. 28-2-86 was prepared and delivered to purported Jyoti Lal Mahto on 6-3-86. It is alleged that the appellant opened a bank account No. 7032 in Hazaribagh Central Co-operative Bank Ltd., B.S.City, Bokaro, on 6-3-86 in the name of Jyoti Lal Mahto with initial deposit of Rs. 100/- and the Cheque of Rs. 16,000/- was also deposited by him on the same date and amount of Rs. 16,000/- was withdrawn vide withdrawal slip dated 6-3-86 by him. The account was introduced by Sri S. S. Singh, who identified the appellant. It was revealed that when Jyoti Lal Mahto came to know about the aforesaid withdrawal from his P.F. account, he submitted a complaint to Bokaro Steel Ltd. management on 30-10-86 and 24-11-86 alleging that he had not applied for any non-refundable amount from his P.F. account nor he received any such amount nor he opened any bank account in Hazaribagh Central Co-operative Bank nor the amount was withdrawn by him. On his complaint, the matter was enquired into by the C.B.I. and the C.B.I. found prima facie case against the appellant Chandu Mahto and others and the F.I.R. was registered under Sections 120-B, 420, 419, 468, 471, 477-A of the Indian Penal Code and Sections 13(2) read with Section 13(i)(d)of the Prevention of Corruption Act against the appellant, who was also Rigger having staff No. 117756 in Capital Repair Shop, Bokaro Steel Plant. During the investigation, it was found by the C.B.I. that the appellant had opened account in the name of Jyoti Lal Mahto in Hazaribagh Central Co-operative Bank, B. S. City, and he had withdrawn the amount by forging the signature of purported Jyoti Lal Mahto. After completion of investigation sanction was obtained for the prosecution of the appellant from the competent authority and chargesheet was submitted against appellant, on the basis of which, cognizance was taken by the Special Judge, C.B.I., Ranchi, under the aforesaid counts.

(3.) The accused-appellant was charged under Sections 120-B, 420, 419, 468, 471, 477-A of the Indian Penal Code and Section 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act to which he pleaded not guilty and his defence is of complete denial. No defence witness was examined in the case.