Punjab-Haryana High Court
Crl.Appeal No. 1215-Sb Of 1999 vs Unknown on 5 July, 2012
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
Crl. Appeal No. 1215-SB of 1999 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Appeal No. 1215-SB of 1999
Date of Decision: July 5, 2012
1. Crl.Appeal No. 1215-SB of 1999
S.V. Singh and Others Appellants
v.
State of Haryana Respondent
2. Crl.Appeal No. 1216-SB of 1999
R.S.Ahlawat and Anr. Appellants
v.
State of Haryana Respondent
3. Crl.Appeal No. 1217-SB of 1999
S.V.Singh and Others Appellants
v.
State of Haryana Respondent
4. Crl.Appeal No. 1218-SB of 1999
H.L.Bangalia and Anr. Appellants
v.
State of Haryana Respondent
5. Crl.Appeal No. 1250-SB of 1999
H.C. Arora Appellant
v.
State of Haryana Respondent
6. Crl.Appeal No. 1251-SB of 1999
H.C. Arora Appellant
v.
State of Haryana Respondent
7. Crl.Appeal No. 1252-SB of 1999
H.C. Arora Appellant
v.
State of Haryana Respondent
8. Crl.Appeal No. 1253-SB of 1999
Crl. Appeal No. 1215-SB of 1999 2
H.C. Arora Appellant
v.
State of Haryana Respondent
CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN
---
Present: Mr. T.S. Sangha, Sr. Advocate with Mr. Hardev Singh,
Advocate
Mr. Vikram Chaudhary, Advocate and Mr. Nikhil
Sharma, Advocate
Appellants in person
Mr. Sumit Goyal, Advocate for the CBI
---
JITENDRA CHAUHAN, J.
1. This judgment shall dispose of eight appeals, filed by the appellants against the judgment of conviction dated 7.12.1999 and order of sentence, dated 9.12.1999 passed by the Special Judge, Ambala.
2. The brief facts of the prosecution (CBI ) case are that S.V.Singh, H.C.Arora, R.S.Ahlawat, H.L.Bangalia and K.C. Bangalia, the accused, were working in the office of Defence Pension Disbursing Office, Jhajjar, District Rohtak during the period 1985-86. They misappropriated a sum of Rs. 2789.95 after fabricating records in three cases. As per the case of the CBI, in the first instance in case of pensioner Ram Sarup, the pension certificate was prepared by S.V. Singh, who had prepared the pension payment schedule and the tally book at the initial stage and the amount to be paid to the pensioner was mentioned as Rs. 309/- in the pension certificate by H.L.Bangalia, the accused, who added a sum of Rs. 500/- in the relevant record which was passed by S.V. Singh, K.C. Bangalia had made the entries Crl. Appeal No. 1215-SB of 1999 3 of the inflated amount of Rs. 809/- in the day book by falsifying the records.
3. In the case of Banwari Lal, pensioner, R.S.Ahlawat, the accused, had shown the actual payment of Rs. 7091.95 in the pension certificate whereas he had mentioned the inflated amount of Rs. 7991.75 in the pension payment schedule and the tally book by falsifying the record. K.C. Bangalia had shown the payment of inflated amount of Rs. 7991.95 in the day book without verifying the same from the pension certificate of the pensioner.
4. In the case of Chandan Singh, pensioner, the accused, H.L.Bangalia mentioned Rs. 1966/- in pension certificate. However, the inflated amount of Rs. 3355.95 was shown in the pension payment schedule by making additions and by falsifying the records. H.C. Arora passed the inflated amount without checking the entries and without verifying from the pensioner certificate.
5. On these charges, the accused-appellants were charge-sheeted under sections 120-B read with section 409 IPC read with sections 5 (1) (c)/ 5(2) of Prevention of Corruption Act, 1947 and under sections 467, 465/471, 477-A IPC. They pleaded not guilty to the charges and claimed trial.
6. In support of its case, the prosecution examined 18 witnesses.
7. After conclusion of the prosecution evidence, the accused were examined under Section 313 of the Code of Criminal Procedure. They denied the allegations and pleaded false implication.
8. The Ld. Trial Court after concluding the entire evidence and hearing the counsel for the parties, observed as under: Crl. Appeal No. 1215-SB of 1999 4
"37. In view of the above, it became abundantly clear that all the accused during the period they remained posted in the office of DPDO, Jhajjar and worked in various capacities, they all agreed to do with each other illegal acts by illegal means and by preparing forged records to get pecuniary advantage as public servants and in their official capacity, they were entrusted with Rs. 2789.95 paise and which amount was under their control, and the accused were having dominion over the said property and which amount was misappropriated, and as a result thereof committed criminal breach of trust in respect of the said property in addition to various other offences for which they have been rightly charge-sheeted.
38. Taking the above held discussion into consideration and by keeping in view the legal submissions made, I am of the considered opinion that the prosecution (CBI) has succeeded to prove their case beyond reasonable doubt against all the accused. Hence, the accused namely S.V.Singh, H.C.Arora, R.S.Ahlawat, H.L.Bangalia and K.C. Bangalia are hereby held guilty for the commission of offences under section 120-B read with Section 409 of the Indian Penal Code and read with Section 5 (2) of Prevention of Corruption Act, 1947, under section 409 of the Indian Penal Code, Under section 467 of the Indian Penal Code and under Section 5(2) of Prevention of Corruption Act read with Section 5(1)(c) of Prevention of Corruption Act, 1947. They are, therefore, convicted Crl. Appeal No. 1215-SB of 1999 5 thereunder. They are called upon to lead evidence, if any, and for arguments on the matter of sentence on 9.12.2012.
9. Vide order dated 9.12.1999, all the accused were sentenced as under:
U/s 120-B read with section 409 : To undergo R.I for three IPC and read with section 5 (2) years with fine of Rs.
of the Prevention of Corruption 500/- each and in default
Act of payment of fine, to
further undergo R.I for
three months
U/s 409 IPC To undergo R.I for 1-1/2
year with fine of Rs.
250/- each and in default
of payment of fine, to
further undergo R.I for 1-
1/2 months each
U/s 467 IPC To undergo R.I for 1-1/2
year with fine of Rs.
250/- each and in default
of payment of fine, to
further undergo R.I for 1-
1/2 months each
U/s 465/471 IPC To undergo R.I for six
months each.
U/s 477-A IPC To undergo R.I for 1-1/2
year with fine of Rs.
250/- each and in default
of payment of fine, to
further undergo R.I for 1-
1/2 months each
U/s 5(2) of Prevention To undergo R.I for three
of Corruption Act,1947 years with fine of Rs.
Read with section 5(1) (C) 500/- each and in default
of Prevention of Corruption of payment of fine, to
Act, 1947. further undergo R.I for
three months each
10. Aggrieved against the order of conviction and sentence, the appellants have filed these appeals.Crl. Appeal No. 1215-SB of 1999 6
11. Learned counsel for the appellants have not assailed the order of conviction. Their submission is that the appellants are old aged persons and have suffered a protracted trial of 13 years. The amount is small.
They have lost their government jobs on the basis of the impugned judgment of conviction and sentence. They have prayed that the sentence may be reduced and a lenient view may be taken.
12. Learned counsel for the CBI submits that the appellants have misused their position and no leniency should be shown to them.
13. The case pertained to the year 1985 and FIR was registered on 29.2.1988. Challan was filed in the year 1990, and order of sentence was passed in the year 1999.
14. In view of the above mitigating circumstances in favour of the appellants and the fact that they have faced the agony of trial for long time, it is a fit case, where the sentence of the appellants is reduced till the rising of the court with a fine of Rs. 25000/- in each appeal by each appellant to be deposited with the Special Judge, Ambala, within 45 days from the receipt of copy of judgment, failing which the appeal shall be deemed to be dismissed qua the defaulting appellant (s).
15. The appeals are allowed in the above terms, subject to reduction in the sentence.
( JITENDRA CHAUHAN ) JUDGE July 5, 2012 MS