SHEO PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 7-1-1992 passed by Shri Ishwari Prasad, Special Judge, C.B.I., Ranchi, in R.C.1 of 1988 (Tr. No. 33 of 1992) by which the learned Judge convicted the appellant under Section 409 of the IndianPenal Code and Section 13(i)(c) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') and sentenced him to undergo rigorous imprisonment for three years under Section 409 of the Indian Penal Code and to pay a fine of Rs. 5,000/- and in default to undergo simple imprisonment for one year and further stentenced him to undergo rigorous imprisonment for three years under Section 13(1)(c) of the Act, Both the sentences have been ordered to run concurrently.

(2.) The case of the prosecution in brief as stated in that on confidential information it was learnt that Shri H. N. Sen, Accounts Officer and Shri Shiv Prakash, Cashier of the National Institute of Foundary and Forge Technology (hereinafter referred to as 'NIFFT') Hatia, Ranchi, during the period 1985-86 were parties to criminal conspiracy to misappropriate a sum of Rs. 85,000/- being as public servant. It is further claimed that on 10-4-1985, Shiv Prakash the cashier after receiving the cheque duly signed by the Accounts Officer Shri H. N. Sen, amounting to Rs. 25,000/- and after encahsing the said amount from the State Bank of India, Hatia Branch, Ranchi, did not enter the amount in the cash book. It is also alleged that Shiv Prakash, the appellant, on 30-8-1985 and 18-10-1985 got two cheques of Rs. 30,000/- each, duly signed by Sri H. N. Sen, Accounts Officer encashed but after lapse of 196 days and 165 days respectively, entered the said cash in the Cash Book Register i.e. on 14-3-1986 and 31-3-1986. On the basis of the said information, investigation started after institution of the case. After completing investigation, the C.B.I. submitted charge sheet against the sole accused appellant.

(3.) The appellant Sheo Prakash appeared in the Court below and charges were framed which was read over and explained to which the appellant pleaded not guilty.