GIRISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment dated 24th May, 1990 passed by Shri Ram Gopal Pandey, Special Judge (CBI) South Bihar, Patna in Special Case No. 31 of 1997. The sole appellant who was a Senior Accountant in A.G. Office, Patna has been convicted under Sections 420, 467, 471, 477 and 511 of the Indian Penal code and also under section 3(a) of the Prevention of Corruption Act and has been sentenced to undergo rigorous imprisonment for one year under each count. All the sentences were ordered to run concurrently.

(2.) The brief facts of the case, as disclosed in the FIR are that the appellant' while functioning as Selection Grade Accountant in the Office of Accountant General, Bihar, Patna during the period January, 1987 to May, 1987 misused his official position and fraudulently and dishonestly preferred a claim towards Leave Travel Concession for Rs. 18,576/. It has been further alleged that Girish Kumar withdrew an advance of Rs. 13,000/ from the office of the Accountant General, Bihar for the purpose of visiting Trivandrum and back along with his 11 dependents on 21/1/1986. However, during the financial year he could not perform journey as such amount so taken as advance was being recovered from the salary at the rate of Rs. 500/- per month. However, it is alleged that again during the month of January. 1987 the appellant informed the Office of the Accountant General that he wanted to utilize his Leave Travel Concession in the month of February, 1987 for which he also filed an application for availing earned leave with effect from 4/2/1987 to 13/2/1987. Earned Leave was sanctioned by the competent authority, Thereafter on 25/2/1987 the appellant submitted a bill (Exts. 16 and 16/1) relating to his alleged journey for Rs. 18.576/- including the advance already received by him. According to the appellant he alongwith his 11 familyT members travelled from Patna to Trivandrum on 7/2/1987 and ending his journey on 15/2/1987. He also submitted photo copies of two blank paper tickets bearing Ticket Nos. 326981 and 326982 (Ext. II) alongwith bill. According to the prosecution the appellant and his family members did not travel from Patna to Trivandrum and back. He and his family members during that period very much remained at Patna at his residence at Bhawar Pokhar. P.S. Pirbahore. His children during this period have also attended the school as usual. It was further alleged that even the blank paper ticket Nos. 326981 and 326982 were forged and fabricated. It was thus alleged that the appellant tried to cheat Accountant General. Bihar and misappropriated Rs. 18.576/- by submitting forged and fabricated bills and as such he has very much misused his position as officer for his personal wrongful gain. Thereafter a charge-sheet was submitted. Thereafter, investigation was started. After completion of investigations charge sheet was submitted and cognizance was taken. Subsequently, the case was tried by the Special Judge and concluded with the result as indicated above.

(3.) The defence denied the charges and pleaded himself to be innocent and also examined two defence witnesses.