KRISHNA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal (SJ) No.810 of 2004 wherein Krishna Prasad happens to be the appellant and Criminal Appeal (SJ) No.25 of 2005 wherein Sheojee Prasad Gupta happens to be the appellant commonly originate from judgment of conviction and sentence dated 06.12.2004 passed by Special Judge, CBI, North Bihar, Patna in Special Case No.70 of 1990 and on account thereof both the appeals have been heard together and are being disposed of by a common judgment.

(2.) APPELLANT , Krishna Prasad has been found guilty under Section 418, 120B/420, 477A IPC as well as under Section 13(2) read with 13(1)(d) of the P.C. Act, 1988 corresponding to Section 5(2) read with Section 5(1)(c)(d) of the P.C. Act, 1947 and further been directed to undergo R.I. for six months and to pay fine of Rs.1000/ - and in default thereof to undergo R.I. for 15 days additionally under each head of Section 418, 420, 420/120B IPC. He has further been directed to pay fine of Rs.1000/ - and in default thereof to undergo R.I. for 15 days for an offence punishable under Section 477A of the IPC. He has further been sentenced to undergo R.I. for one year and to pay fine of Rs.1000/ - in default thereof to undergo R.I. for 15 days additionally under Section 13(2) of the P.C. Act with a further direction to run the sentences concurrently.

(3.) PW -6, Shantanu Kar, Inspector of Police, CBI filed written report disclosing therein that an information has been received that Krishana Prasad, the then Accountant of SBI, Chapra and R.N. Jaiswal the then Clerk -cum -Cashier, SBI, Chapra entered into a criminal conspiracy with Sheojee Prasad Gupta partner of M/S Shiv Leela Grain and others in the year 1987 whereunder Sheojee Prasad Gupta had opened Current Account No.43229 and deposited Rs.16000/ - on 19.12.1987. Thereafter, Krishana Prasad as well as R.N. Jaiswal manipulated concerned ledger by prefixing digit '2 ' inflating the amount to 2,16,000/ - instead of 16,000/ - misusing their officials status and on account of such manipulation Sheojee Prasad Gupta issued a cheque for Rs.2,00,400/ - on 21.12.1987 for preparation of a draft. The aforesaid cheque was passed by Krishna Prasad and accordingly draft was prepared by R.N. Jaiswal which was signed by Krishna Prasad and on the basis thereof Sheojee Prasad Gupta managed to obtain the payment.