AMARNATH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant no.1 has been convicted u/s.5(2) read with section 5(1)(d) of the Prevention of Corruption Act, 1947 and sentenced to R.I. for two and half years. He has further been convicted u/ss.120B, 420, 467, 477A and 419 I.P.C. and sentenced to R.I. for two years under each count and in addition was to pay a fine of Rs.50,000/- and in default of which further sentence of R.I. for six months. Appellant no.2 has been convicted u/ss.420/120B I.P.C. and sentenced to R.I. for two years, whereas the appellant no.3 has also been convicted u/s.420/120B I.P.C. but sentenced to R.I. for one year as also u/ss.419 and 468 I.P.C. and sentenced to one year under each count. She has further been sentenced to pay a fine of Rs.50,000/- and in default of which further sentence of R.I. for six months and the appellant no.4 has been convicted u/s.420/120B, 419 and 468 I.P.C. and sentenced to R.I. for two years under each count as also sentenced to pay a fine of Rs.25,000/- and in default of which further imprisonment of three months by a judgment dated 31.3.2004 passed by the Special Judge, C.B.I., North Bihar, Patna in Special case No.18 of 1981, 13 of 1981, 17 of 1981, 19 of 1981 corresponding to R.C. No.52 of 1981, 36 of 1981, 51 of 1981 and 53 of 1981.

(2.) THE case of the prosecution is that while the appellant no.1 was working as Clerk, Grade-I in the Divisional Accounts Office, North East Railway, Samastipur in the period June 1977 to August 1980, he in conspiracy with others prepared 54 fake pay orders relating to provident fund settlement and diverted the same to the accounts of his family members either through money order or Bank drafts or cheques. Four cases were instituted in this regard in the year 1981 but were amalgamated by an order dated 24.10.1983.

(3.) AS for the appellant no.1, his conviction is maintained but sentence is modified to the one that has already undergone by the appellant no.1 during trial in view of the fact that 30 years have elapsed since the date of occurrence. However, since his conviction is maintained by holding that the prosecution has been able to prove beyond all reasonable doubt that he had defalcated a sum of Rs.5,46,570/-, in fitness of things he is directed to deposit the said amount in the Divisional Account Office presently East Central Railway, Samastipur within a period of three months. In case he defaults to do so he is sentenced to a period of two and half years R.I. In case the appellant no.1 defaults in payment of the amount mentioned above within the period as specified, he shall be immediately taken to custody to serve out the sentence.