SHIV NANDAN SAHAY SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these six appeals have been filed against the judgment and order dated 17.8.2002 passed by Shri Braj Nandan Sahay, Special Judge, C.B.I., South Bihar, Patna in Special Case No. 41/87 (R.C. No. 15/87) by which the appellants, Raj Kishore Sinha, Madhvendra Prasad Singh, Rana Ranjit Singh, Ajay Kumar Sinha, Shiv Nandan Sahay Srivastava and Rajendra Prasad Singh have been convicted under Sections 420, 468, 471 read with Sections 468 and 477A of the Indian Penal Code and sentenced to undergo RI for two years under each count and they have also been convicted under Section 120B read with Sections 420, 468 and 477A IPC and sentenced to undergo RI for two years; they have further been convicted under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 and sentenced to undergo RI for two years, all the sentences are to run concurrently. Appellants Sardar Papinder Singh and Sardar Narendra Singh have been convicted under Sections 420, 471 read with Section 468 IPC and sentenced to undergo RI for two years under each section and they have been further convicted under Section 120B read with Sections 420, 468, 477A IPC and sentenced to undergo RI for two years; they have been further sentenced to pay a fine of Rs. 25,000/ - each, in default of which, they would have to undergo SI for a period of six months and the sentences have been directed to run concurrently.

(2.) THE FIR in the present R.C. Case No. 15/87 -Pat dated 29.4.1987 was originally lodged for an offence under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act read with Section 120B IPC stating that Tulsi Madhav Dutt a, Senior Divisional Manager, United India Insurance Company, Patna during the period 1984 -85 entered into a conspiracy with R.P. Singh, Insurance Agent and M/s. Sabya Agency, Kankarbagh, Patna and in furtherance of which the said Tulsi Madhav Dutta sanctioned and paid a sum of Rs. 87,000/ - to the said firm towards compensation claim on the basis of the forged and fabricated documents resulting in wrongful loss to the Insurance Company and corresponding wrongful gain to M/s Sabya Agency. It was alleged that the said firm, a dealer in T.V. sets, was not insured till 30.10.1984/1.11.1984 when it was looted by miscreants but in connivance with said R.P.Singh, the officers of Punjab National Bank had managed to procure a Bank draft of Rs. 2281/ - dated 27.10.1984 and used the same in obtaining a back dated insurance form. It is further alleged that the claim of M/s. Sabya Agency was received in United India Insurance Company, Patna on 12.11.1984 and despite being advised by the Dealing Assistant to refer the same to the Regional Office, Kolkata since the occurrence had taken place within a week from the date of insurance, the said Tulsi Madhav Dutt a without having the power to settle the same, sanctioned and paid the said amount without seeking instructions from the Regional Office, for which recovery has been ordered from the firm by the Regional Office subsequently.

(3.) IN the course of trial, the prosecution examined as many as 15 witnesses. The defence also examined two witnesses, namely, Uday Kumar, D.W. 1 and Basant Paswan, DW 2. The specimen writings of the accused persons were also sent to the Government Examiner of documents, Central Forensic Science Institute, Government of India, Kolkata for comparison and the Examiner Darshan Dayal Goel was examined as P.W. 15 who found that the admitted/specimen writings of the accused persons tallied with the writings on the documents sent. On the basis of the evidence on the record, the learned Special Judge, CBI came to the conclusion that the prosecution has succeeded in establishing the charges leveled against the accused persons -appellants and convicted and sentenced them as aforesaid.