L M CHATTERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant was convicted by the learned Special Judge of Bhagalpur under Section 5 Sub-section (2) read with Section 5 subsection (1) Clause (c) of the Prevention of Corrup-tion Act (Act II of 1947) and sentenced to two years' rigorous imprisonment and also to a fine of Rs. 1,000/- in default, to rigorous imprisonment for a further term of one year. He has also been convicted under Section 477 A of the Indian Penal Code and sentenced to two years' rigorous imprisonment. The two sentences of imprisonment are concurrent.

(2.) Appellant L. M. Chatterjee, aged about 52 years, is in the service of North Eastern Railway since 1928. In February 1954 he was working as a Pay Clerk at Katihar railway station. As Pay Clerk his duty was to disburse salary and other dues to the railway staff at Kishanganj and other stations within the railway district of Katihar. There were two other pay clerks at Katihar besides the appellant, viz., S. N. Mukherjee (P.W. 16) and B. K. Chatterjee (P. W. 12) during the relevant period. On 3-2-54 appellant L. M. Chatterjee, in his capacity as a Pay Clerk, was entrusted with Rs. 328/- (vide bill no. 796 dated 24-12-53), the amount being arrears of salary due to N. B. Das (P.W. 7), a Goods Clerk at Kishanganj. The said amount was not disbursed to N. B. Das (P W7). The charge against the appellant was that he had fraudulently and dishonestly misappropriated or otherwise converted to his own use the aforesaid amount and thereby committed the offence of criminal misconduct in the discharge of his official duty punishable under Section 5(2) read with Section 5(1) (c) of Act II of 1947. He was also charged under Section 477-A of the Indian Penal Code with having wilfully and with intent to defraud made a false entry in the Railway Cash Book showing disbursement of the aforesaid sum of Rs. 326/- to the payee N. B. Das (P.W.7)

(3.) The appellant did not deny that the amount which is the subject-matter of the charge, had been entrusted to him. It is also undisputed that the amount was not paid to N. B. Das (P.W. 7). The appellant, however, pleaded that he was innocent. His case was that every month he used to disburse more than two lakhs of rupees among the staff and as the work was heavy a clerk used to be deputed from Gauhati Pay Office each month from the 18th to the 24th to assist him. According to the appellant they both made disbursements simultaneously and the pay sheets used to be docketed by the person who made the payment. It was stated that this particular pay sheet showed on the face of it due disbursement to the payee concerned and the appellant without suspecting any foul play and believing in good faith mat his assistant had made the payment made entries in the Cash Book and the statement of accounts showing disbursement of the amount in question. The appellant denied that he had misappropriated the amount or converted it to his own use and suggested that it was his assistant, who had very probably misappropriated the money.