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13. It was contended by Shri Surendra Singh, learned senior counsel on behalf of Lalu Prasad Yadav that the charge for conspiracy against Lalu Prasad Yadav with respect to cases at Chaibasa, Patna, Ranchi, Bhagalpur and other places of Bihar, Calcutta and Delhi, was not specific to the period of defalcation. The charges were general for the period from 1988 to 1996. Thus, it was submitted that evidence has been adduced with respect to the general conspiracy between 1988 and 1996 which included the Treasuries in question in the cases where prosecution has been quashed. It was not the case put up under section 313 Cr.PC that there was separate conspiracy for the period 1.4.1994 to 30.1.1995. In RC No.64(A)/96 similar charges for conspiracy for the years 1988 to 1996 at Deoghar, Dumka, Ranchi, Patna and other places had been framed. In pursuance thereof an amount of Rs.89,27,164.15/- has been withdrawn from Deogarh Treasury. As the conspiracy for Chaibasa and Deogarh is the same the evidence has already been adduced in the case relating to Chaibasa treasury. Thus for one and the same conspiracy respondent Lalu Prasad Yadav cannot be tried over again in view of Article 20(2) and section 300 Cr.PC. It was further contended that the respondent is being prosecuted in two separate cases arising out of the Chaibasa Treasury namely R.C. No.68 (A)/1996 and R.C. No.20 (A)/1996. The first is when the money was siphoned out of the Treasury in 1992-93 and the second is for the period from 1.4.1994 to 30.1.1995 when the money was withdrawn from the Treasury. In other words, it is the prosecution case itself that between 1992-1995 money was being regularly siphoned out of the Chaibasa Treasury. The charge for conspiracy also states that the conspiracy was from 1990-1997. This is further proof of the fact that the conspiracy referred to by the prosecution for the Treasuries of Chaibasa and Deogarh is one and the same conspiracy and not different or distinct conspiracies. Counsel has also attracted our attention to the charges pertaining to the Treasuries of Dumka (R.C. 38 (A)/1996) and Doranda (R.S. 47A)/1996. The charges framed for withdrawal of money from these two treasuries is from 1988-1996 and 1990-1996 respectively and the period of conspiracy has been shown from 1990-1997 and 1991-1996 respectively.

14. It was also urged by Shri Surendra Singh, learned senior counsel that as per prosecution itself, there was a single conspiracy that started in the year 1988 and continued till 1996. The result of investigation in RC 20(A)/96 and RC 64(A)/96 conclusively proves that there was a single conspiracy with respect to defalcation at various Treasuries. Once accused has been punished for the conspiracy for the period 1988 to 1996 he cannot be punished again for the same offence. Without much ado and more evidence, the trial of the accused for offence under section 120B IPC is barred by Article 20(2) and section 300 Cr.PC. It was also urged that there was a core group of 20 common accused in all the prosecutions i.e. nine politicians and eleven senior administrative officers who allegedly hatched the main conspiracy to siphon off the funds from treasuries earmarked for Animal Husbandry Department of erstwhile State of Bihar. The modus operandi employed by the conspirators was identical for all the treasuries and funds were siphoned off as and when an opportunity occurred. Since there is no evidence that separate conspiracies were hatched to defalcate the funds from different treasuries at different points of time second prosecution is not permissible. Reference has been made to Laloo Prasad @ Laloo Prasad Yadav v. State of Jharkhand (2002) 9 SCC 372 so as to contend that there was single general conspiracy, the offences of withdrawal of money from different treasuries including the treasuries of Chaibasa and Deogarh were merely offshoots of the main conspiracy as observed by this Court while granting bail to Lalu Prasad Yadav. Learned senior counsel has also relied upon decision in Mohd. Hussain Umar Kochra etc. v. K.S. Dalipsinghji & Anr. AIR 1970 SC 45, Srichand K. Khetwani v. The State of Maharashtra AIR 1967 SC 450; and S. Swamirathnam v. State of Madras AIR 1957 SC 340 so as to point out that the case of single general conspiracy is opposed to a number of separate conspiracies. Since there was a single conspiracy in the instant case, accused cannot be tried and punished for defalcations made in different periods separately. So far as treasury payment is concerned there is no evidence against Lalu Prasad Yadav. Besides, it is a case where there is no evidence against the accused.

15. It was submitted by Shri Adit S. Pujari, learned counsel appearing on behalf of Sajal Chakraborty, that the main case set up against the respondent is that he did not take any steps to find out the cause of heavy withdrawal of Rs.50.56 lakhs on a single day by co-accused Dr. B.N. Sharma. He was Deputy Commissioner, Chaibasa from September, 1992 to July, 1995. He did not exercise control to prevent misappropriation of Government funds from Chaibasa treasury. The formal charge is identical in RC Nos.51(A), 20(A) and 68(A). It was further alleged by the prosecution that the accused had developed a nexus with co-accused persons and had obtained from co- accused as a reward for services rendered – a laptop and two printers for himself. The accused Sajal Chakraborty was convicted by the trial court for certain offences under sections 409, 420, 465, 467, 468, 471, 477A IPC. His conviction has been ultimately set aside by the High Court of Jharkhand vide judgment and order dated 3.8.2012 in Criminal Appeal No.979 of 2009 in which it has been held that there was no mechanism with the Deputy Commissioner to check illegal withdrawal from treasury. Copy of allotment letter of funds to different departments was not sent to the petitioner. There was no other evidence direct or circumstantial to establish that the accused did certain acts for facilitating other accused to draw money illegally. There is no evidence of nexus or association vis a vis the other accused. No one had seen installation of laptop and computer in the residence of the accused and so the allegation of receiving the same was also discarded. Learned counsel has placed reliance upon T.T. Anthony v. State of Kerala (2001) 6 SCC 181, Amitbhai Anilchandra Shah v. C.B.I. (2013) 6 SCC 348. He has also referred to section 212 Cr.PC. FIR relating to Chaibasa is for same transactions though for different financial years but for the bar under section 212(2) Cr.PC, it would have constituted one offence, as such section 300(1) would apply. In similar circumstances in Emperor v. Jhabbar Mull Lakkar 1922 ILR 924, Sidh Nath Awasthi v. Emperor 1920 ILR 17, prosecution in subsequent cases had been quashed. Section 220(1) Cr.PC would apply to the present case. In fact series of acts formed the same transaction. Thus there cannot be subsequent trial. Ingredients of offence in all the 3 cases are the same as such there cannot be different trials. It was also submitted that the principle of issue estoppel is attracted. Same issues cannot be agitated afresh in the cases which are settled by prior litigation. The issue of estoppel stands merged in the principles of Autrefois acquit and Autrefois convict enshrined in Article 20(2) and section 300 Cr.PC.

Section 300 Cr.P.C. is extracted hereunder :

“Section 300. Person once convicted or acquitted not to be tried for same offence.--
(1)  A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub- section (2) thereof.