Fooder scam Judgement given by Sri G. K. Singh Spl. Judge VII CBI ...

73Authority, Patna in R.C. 45/96, Sudarshan Sharma has been shown asProprietor of M/s Tripti Agency, Patna. Ext. E/1 is letter of Representationby Rajendra Sharma through Branch Manager showing sole proprietor ofM/s Tripti Agency, Patna. Ext. C/2 is judgment of R.C. 24/96 in which RamAvtar Sharma was accused and acquitted. Ext. C the judgment of R.C.51/96 in which Ram Avtar Sharma was accused and acquitted.It appears from perusal of Ext. 30/48 to Ext. 30/55 that all theseBank Drafts have been received by accused Ram Avtar Sharma and on theback portion of the Bank Drafts he signed as R.Sharma. Although theInvestigating Officer has admitted that his specimen signature has not beenreferred to G.E.Q.D. for Scientific/Hand Writing Examination but fromperusal of signature of accused Ram Avtar Sharma in statement recordedU/Sec. 313 of Cr. P.C. and the signature on Bank Drafts the word ‘Sharma’is written by same and similar person i.e. quite similar and written by sameperson. It is important to consider here that accused persons havefraudulently withdrawn a huge amount of Government money and they wereknowing the consequences of this fraudulent act and to taking safe side theyhave cunningly not written their full name anywhere and only ‘R. Sharma’has been written on every document. The Bank Account was also opened inthe name of ‘R. Sharma’ and intentionally father’s name has not beenwritten on the Account Opening Account i.e. Ext. 31/6. But in spite of thatthe signature on Bank Draft and the signature of accused on the statementrecorded U/Sec. 313 of Cr. P.C. is quite similar and same. There is no doubtthat ‘R. Sharma’ is none else he is accused Ram Avtar Sharma and he is thereal culprit of the prosecution case.27. According to the prosecution accused Gopi Nath Das isProprietor of M/s Radha Pharmacy. It is alleged that on the basis of fromExt. 2/1299 to 2/1305 he prepared forged and fake vouchers and invoiceswithout supply of medicines in the District Animal Husbandry Office,Sahebganj. On the basis of fake vouchers and invoices in connivance withother co-accused persons he submitted C.N.C. Bills Ext. 3/141 and a totalamount of Rs. 31,512=00 (Thirty-one thousand Five hundred Twelve) wasillegally withdrawn by this accused. Without supply of medicines hereceived and collected an amount of Rs. 31,512=00 by Cheque No. MOL K24/580588 dated 14.3.1992 and the said amount was deposited in his Bank