4J U D G E M E N T01. All the above named accused persons are facing trial and havebeen jointly charged for the offence punishable U/Ss. 120-B, 420, 467, 468,471, 477-A of the Indian Penal Code and also U/Ss. 13(2) read with Section13(1)(d) of the Prevention of Corruption Act, 1988.It is alleged that all these accused persons and with RameshwarChoudhary, Shailesh Prasad and Shiv Kumar Patwari, who have been takenas Approvers, and with co-accused Dr. Shyam Bihari Sinha, Dr. JugalKishore and Laxmi Narayan <strong>Singh</strong> (since died) during the period 1990-91;1991-92 and 1995-96 at Sahebganj, Dumka, Patna and other places in Biharwere party to a criminal conspiracy and created forged and fake AllotmentLetters, false and fake Supply and Purchase orders, created and submittedfalse fake Supply Bills, Invoices, created false contingency Bills and itssubmission. Further falsely certifying the receipt of materials. Furtherfraudulently and dishonestly passing the false fake contingent and SupplyBills and Invoices. Prepared documents false and Books of Account falsely,justifying the issuance of forged Allotment Letters and fraudulent purchasereceipt and materials, cheating of Government money and further abusingthe official position for pecuniary gains, etc., and in pursuance thereof a sumof Rs. 3,15,728=47; Rs. 43,16,792=40; Rs. 27,19,726=50 and Rs.6,02,630=00 for the years 1990-91, 1991-92, 1992-93 and 1995-96respectively were dishonestly and fraudulently withdrawn from theSahebganj Treasury against the forged and fake Allotment Letters withoutvalid sanction and beyond Budget allocation through false and fake Supplyand Purchase Orders, false and fake Supply bills, Invoices have falselycertified of receipt of materials, false contingent Bills, Advice, etc., and forall these offences they are facing trial in this case.02. All the above named accused persons have also been chargedseparately as follows:-
5(i) Accused Braj Bhushan Prasad stands charged U/Ss. 420, 467, 468,471, 477-A of the Indian Penal Code and U/Sec. 13(2) of the Prevention ofCorruption Act, 1988. In respect of this accused the defalcated amount inquestion is a sum of Rs. 3,15,278=47 (Rupees Three lakhs Fifteen thousandTwo hundred Seventy-eight and paise forty-seven); Rs.43,16,793=40(Rupees Forty-three lakhs Sixteen thousand Seven hundred Ninety-three andpaise forty); Rs. 27,19,726=50 (Rupees Twenty-seven lakhs Nineteenthousand Seven hundred Twenty-six and paise fifty) and Rs. 6,02,630=00(Rupees Six lakhs Two thousand Six hundred thirty) during the years 1990-91, 1991-92, 1992-93 and 1995-96 respectively through Sahebganj Treasury,State of Bihar.(ii) Accused Dr. Erick Kerketta has been charged U/Ss. 420, 467, 468,471, 477-A of the Indian Penal Code and U/Sec. 13(2) of the Prevention ofCorruption Act, 1988. In respect of this accused the defalcated amount inquestion is a total sum of Rs. 7,05,947=23 (Rupees Seven lakhs Fivethousand Nine hundred forty-seven and twenty-three paise) during theperiod 1990-91, 1991-92 through Sahebganj Treasury, State of Bihar.(iii) Accused Bimal Kumar Das stands charged U/Ss. 420, 467, 468, 471,477-A of the Indian Penal Code and U/Sec. 13(2) of the Prevention ofCorruption Act, 1988. In respect of this accused the defalcated amount inquestion is a total sum of Rs. 45,58,208=00 (Rupees Forty-five lakhs fiftyeightthousand two hundred Eight) during the years 1990-91 to 1992-93 and1995-96 from the Sahebganj Treasury, Government of Bihar.(iv) Accused Krishna Murari Shah stands charged U/Ss. 420, 467, 468,471, 477-A of the Indian Penal Code and U/Sec. 13(2) of the Prevention ofCorruption Act, 1988. In respect of this accused the defalcated amount inquestion is a total sum of Rs. 1,26,000 (Rupees One lakhs Twenty-sixthousand) during the years 1990-91 and 1991-92 from the SahebganjTreasury, Government of Bihar.(v) Accused Sudarshan Ram stands charged U/Ss. 420, 467, 468, 471,477-A of the Indian Penal Code and U/Sec. 13(2) of the Prevention of
- Page 1 and 2: District-Ranchi Dated Ranchi the da
- Page 3: 324. Smt. Chanchala Sinha,Proprieto
- Page 7 and 8: 7nineteen) during the years 1990-91
- Page 9 and 10: 9Godda and dishonestly received the
- Page 11 and 12: 11Husbandry Office, Godda and disho
- Page 13 and 14: 13then becomes the responsibility o
- Page 15 and 16: 15to the first hand information of
- Page 17 and 18: 1702. 1991-92 Rs.1,55,000=00 Rs.42,
- Page 19 and 20: 19P.W. 18 Ramji Rai, Retired Inspec
- Page 21 and 22: 21P.W. 82 Bhola Nath Choudhury, Emp
- Page 23 and 24: 232/376 to 2/396 PW3 Voucher(21) an
- Page 25 and 26: 252/1130 Patna2/1131 to2/11392/1140
- Page 27 and 28: 273/28 PW3 Bill No. 334(C)/91-923/2
- Page 29 and 30: 293/106 PW3 Bill No. 132(C)/95-963/
- Page 31 and 32: 3113/2 PW3DAHO, SahabganjApproved R
- Page 33 and 34: 3315/65 PW9015/66 to 15/74 PW9015/7
- Page 35 and 36: 3525/7 to 25/8 PW20 2 Sub allotment
- Page 37 and 38: 3735 PW39 Partnership Deed36 to 36/
- Page 39 and 40: 3998/153 to98/16598/166 to98/18598/
- Page 41 and 42: 41that on fake allotment letters ex
- Page 43 and 44: 43allotted to DAHO, Sahebganj out o
- Page 45 and 46: 45his deposition he has given full
- Page 47 and 48: 47Treasury after making entries in
- Page 49 and 50: 49the Treasury it was his duty to d
- Page 51 and 52: 51persons. They have prepared forge
- Page 53 and 54: 53P.W. 59 Dr. Dhanik Lal Mandal, TV
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55In this respect, P.W. 23 Dr. Dula
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57Gupta, Accountant, Sahebganj Trea
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59P.W. 4 Satya Sadhan Chatterjee is
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61this Accountant but under conspir
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63informed the CBI that M/s Bihar S
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65name of his firm M/s Samarpan Vet
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67Husbandry Office, Sahebganj in th
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69In this respect, P.W. 16 Arun Kum
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71This accused has stated in this d
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73Authority, Patna in R.C. 45/96, S
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75The Account was opened in the nam
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77manufacturing medicine which was
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79that from the year 1990-96 no one
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8133. Accused Smt. Chanchala Sinha
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83any Branch at Sahebganj for carry
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85Officer-in-Charge Town P.S. Saheb
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87In the above circumstances, I fin
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89infirmities and discrepancies. He
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91has been shown by the Suppliers f
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93the firm was opened in his name b
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95Considering all these evidences,
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97sons are unemployed and pension i
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99period of one (1) year and also t
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101Rigorous Imprisonment for a peri
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103he shall further undergo Simple