Cr. App. (SJ) No. 979 of 2008. Case: Sajal Chakraborty Vs State of Jharkhand. Jharkhand High Court
| Case Number | Cr. App. (SJ) No. 979 of 2008 |
| Counsel | For Appellant: Mr. Abhay Kumar Singh, Adv. and For Respondents: Rakesh Kumar Samrendra, Kripa Shankar Nanda and S.P. Singh for the C.B.I. |
| Judges | Rakesh Ranjan Prasad, J. |
| Issue | Indian Penal Code (45 of 1860) (IPC) - Sections 120B, 409, 420, 465, 467, 468, 471, 477A; Prevention of Corruption Act, 1988 - Sections 13(1)(c), 13(1)(c)(d), 13(2), 2(d) |
| Citation | 2013 (2) JLJR 185 |
| Judgement Date | August 03, 2012 |
| Court | Jharkhand High Court |
Order:
Rakesh Ranjan Prasad, J.
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The appellant, who at the relevant point of time was posted as Deputy Commissioner, West Singhbhum at Chaibasa was put on trial along with other 63 accused persons to face charges under Sections 409, 420, 467, 468, 471 /465 and 477A read with Section 120B of the Indian Penal Code and also under Sections 409, 420, 467, 468, 471 /465 and 477A simpliciter as well as under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act on the allegation that the appellant having nexus with other accused facilitated them to draw public money fraudulently to the extent of Rs. 38,94,29,433/- from the Chaibasa Treasury and in lieu of that he received a Laptop/Computer and two Printers as reward. The case of the prosecution is that the informant, Lal Shyama Charan Nath Sahdeo (P.W. 103), the then Additional Deputy Commissioner, West Singhbhum, Chaibasa submitted a written report on 22.2.1996 alleging therein that Dr. B.N. Sharma, the then District Animal Husbandry Officer, Chaibasa during 1.4.1993-31.3.1994 without purchasing food, fodder, equipments, machines and other articles to the extent they claimed shown to have dispatched it to different centers of the Department and got the certificates relating to receipts of those materials procured from Mobile Veterinary Officer, Assistant Poultry Officer, Manager of State Veterinary Insemination Area, Seraikella and draw huge amount fraudulently and shown to have made payments to different suppliers as many as 54 in number.
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It has been further alleged that 3.86 lakhs quintals of yellow maize and 94,500 quintals of groundnut cake (C.N.C.) were shown to have been purchased, though only 3650 quintals/bags of yellow maize and only 1800 bags/quintals of C.N.C. were required for the whole year.
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Similarly, other materials which were shown to have been purchased, in fact were never required. On procuring false certificates of receipts, bills were raised, amount of which were allowed to be withdrawn by the Treasury Officials, who were in league with the officials of the Animal Husbandry Department and also the suppliers to whom the amounts were shown to have been paid.
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Thus, it has been alleged that by adopting illegal means, a sum of Rs. 38,94,79,433/- were fraudulently withdrawn by the District Animal Husbandry Officers, Chaibasa from Chaibasa Treasury.
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On such allegation, Chaibasa Sadar P.S. case No. 14 of 1996 was registered under Sections 409, 420, 467, 468, 471 /465 and 477A read with Section 120B of the Indian Penal Code against 64 accused persons including the appellant.
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Subsequently, the C.B.I. took over the investigation under the order of the Patna High Court/Hon'ble Supreme Court.
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On completion of investigation, charge-sheet was submitted on the accusation that the accused persons having entered into criminal conspiracy withdrew a sum of Rs. 38,94,29,433/- from the District Treasury, Chaibasa raising false bills showing purchase of food, fodder, equipments, machines and other articles without purchasing the materials to the extent to which they claimed.
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Further it has been charged that this appellant, who at the relevant point of time was posted as Deputy Commissioner, Chaibasa, having gone in collusion with other accused persons did facilitate them to withdraw the amount and in lieu of that, he did receive a Laptop/Computer and two Printers as reward.
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Upon cognizance being taken of the offences the accused persons were put to trial.
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The prosecution in order to prove the charges against the accused persons examined as many as 158 witnesses. of them, number of witnesses were officials of the different Banks, who did prove the account opening form, paying-in-slips, drafts through which payment had been received etc. Other sets of witnesses are the officials/staffs of the Department of the Animal Husbandry itself, who testified that they were forced to grant certificates relating to receipts of the materials though materials/instruments/feed/fodder were being not supplied to them to the extent to which receipts were taken under pressure.
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Apart from them, some of the staffs of the office of the Regional Director were also examined, who did disclose that the allotment letters were used to be typed at Ranchi instead of Patna and it was being done at the instance of Dr. S.B. Sinha and Dr. K.M. Prasad.
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P.W. 72, Dipesh Chandak, P.W. 104, Shailesh Prasad Singh and P.W. 149, Shiv Kumar Singh, an Accountant of the office of the D.A.H.O., Chaibasa, on being granted pardon were examined as approvers. According to P.W. 104, Shailesh Prasad Singh, fake bills were being prepared on the basis of which amounts were being withdrawn. The amounts which were being drawn was to be given to Dr. B.N. Sharma. According to P.W. 149, Shiv Kumar Singh, Rs. 10-50 lakhs were being drawn everyday from the Treasury.
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Other approver P.W. 72, Dipesh Chandak, happens to be a star witness of the prosecution. According to him, 80% amount which used to be drawn on the basis of false bills without supplying the materials to the extent to which bills were being raised was being given either to S.B. Sinha or other officials including bureaucrats, politicians. Number of Investigating Officers, who were associated with the matter relating to investigation and also the persons who granted sanction were also examined.
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Defence also examined their witnesses. So far this appellant is concerned, he, in his defence, got the copies of evidences of Mr. V.S. Dubey, the then Finance Secretary given in R.C. No. 20(A) of 1996, Mr. Amit Khare, Deputy Commissioner, Chaibasa given in R.C. No. 22(A) of 1996 and Mr. Rajiv Kumar, Deputy Commissioner, Ranchi given in R.C. No. 32(A) of 1996 adduced which were as A/8, A/9 and A/10 respectively.
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The trial court having found he accused persons guilty of the charges recorded the order of conviction and sentence.
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So far this appellant is concerned, the trial court did not find the charges to be proved under Sections 409, 420, 467, 468, 471 /465 and 477A of the Indian...
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