1 to 3 back dated 1.3.67 and prepared a report Exh.
3 , and RP Agarwal Accused No.
9427.58.
6 of the companycerned jeep and that on the 2nd and 3rd of March 1967, Dr. Verma caused evidence of the companymission of offence to disappear or criminal breach of trust with the intention of screening the offender from the legal punishment and that Dr. Verma got the cash books Exh.
Ismail and Mahfooz Ali respectively.
Ismail and Pheru Singh and as such by grant of special leave, these three appeals are before us i.e. Criminal Appeal Nos.
The sentences of all the accused persons shall run companycurrently.
The Health Department got a departmental inspection done regarding this by a Senior Accounts Officer, who submitted his report alongwith the statement recorded by him from the companycerned persons.
Bhargava went on leave.
Then they all took Bhargava to his house where his wife Smt.
Thereafter on the same night, Dr. Verma, R 2 and R 3 brought Bhargava to Agra by the departmental jeep bearing Registration No.
Ka 11 and Exh.
Bhargava took those certificates to the bank, encashed both the certificates and handed over a sum of Rs.
Dr. R.V.S. Verma, who was arrayed as accused No.
The High Court by a re appraisal of the evidence adduced by the prosecution companycluded that the prosecution has number decisively proved the case and the evidence inclusive of the circumstantial evidence are inconsistent with the presumption of innocence of the accused and as such the appellants accused are entitled to the benefit of doubt.
4 , Mahfooz Ali Accused No.
Thus there was a gap of 7 years from the date of occurrence of the alleged offences and the date of companymencement of the trial.
Consequently for the reasons mentioned in the judgment, the High Court allowed all the appeals by its companymon judgment by setting aside the companyvictions and sentences recorded by the trial Court.
The Special Leave Petition filed by the State in respect of acquittal of RP Agarwal was dismissed by this Court.
Therefore, the trial went on as against R.P. Agarwal, Mahfooz Ali Khan, Pheru Singh and Mohd.
132 133/1984 and 531/1984 in respect of acquittal of Pheru Singh, Mohd.
3 Mohd.
SLP filed against the acquittal of A 2 RP Agarwal has been dismissed by this Court.
Dr. Verma made some companyrections in the cash book etc.
Ismail Khan were the Inspector and Sub Inspector respectively of Mainpuri Police Station.
9600/ in the office of the District Medical Officer of Health, Mainpuri and make up the same from the funds of B.D. Bhargava, who was the Head Clerk in the Department under threat of dire companysequences, and in furtherance of the said companyspiracy on the evening of 1.3.67, Dr. Verma took Bhargava to Kotwali, Mainpuri in a jeep bearing registration No.
He also companytacted R 2 and R 3.
The State on being dissatisfied, filed Special Leave Petitions in respect of each of the accused.
It is said that Bhargava wrote a report to Dr. Verma in respect of the theft of money and requested him to inform the matter to the Collector or the Police.
Bhargava was put under threat in various ways and pressurised to make good the missing sum of money.
333/76, 354/76 357/76 and 374/76 respectively questioning the companyrectness and legality of their companyvictions.
9600/ from the safe.
Respondent No.
The brief facts of this case which led to this prosecution are stated as follows During the relevant period of the alleged companymission of offence in the year 1967, Dr. RVS Verma was the District Medical Officer of Health in Mainpuri district working in the family planning.
2 Pheru Singh and respondent No.
Ka 12 in the log book Exh.
At that time Shri BD Bhargava was the Head Clerk of Health Department.
Regarding the petition sent by Bhargava namely Exh.
Ismail Khan as respondents Nos.
100/ was cut from the pay of Bhargava.
Ka 6 , the original of which was sent to Kotwali Police Station where it was entered in the general diary on Judgment dated March 16, 1989 in Criminal Appeal Nos, 132 133 531 of 1984 3.3.67 and that Agarwal and Mahfooz Ali Khan fabricated false evidence by making incorrect entries in Exh.
As these offences were companymitted earlier to the introduction of new Code of Procedure namely Central Act 2 of 1974 the case was tried under the old Code.
The occurrence in the present case is said to have been companymitted on the 1st March of 1967 i.e. to say about 22 years before.
Admittedly, there was numbertest identification parade for PW 2 Smt.
It is further stated that on 3.3.67, Dr. Verma in furtherance of the criminal companyspiracy fabricated false evidence by preparing a report Exh.
The Trial Court framed as many as ten charges against all the accused persons put up for trial under various provisions of Indian Penal Code on the allegations, the gist of which we would presently mention, they being that all the five accused on or about 1.3.67 in Mainpuri city entered into a criminal companyspiracy, by agreeing to hush up the offence of theft or criminal breach of trust in respect of shortage in Government cash to the tune of Rs.
Bhargava who was the main witness and from whom the amount was extorted died on the midnight of 31.3.67.
PW 8 was companypelled to give to fixed deposit certificates to the value of Rs.
100/ and the sum of Rs.
By the order of the higher authorities, the matter was entrusted to CID.
During that period, respondent No.
Dr. Verma, R 2 and R 3 kept giving false assurances to Bhargava.
On the same clay at about 5.30 p.m., Dr. Verma took Bhargava to the residence of the Collector and after some discussion Dr. Verma took Bhargava to Mainpuri Police Station where he had some companyversation with R 2.
Therefore, the accused RP Agarwal is number before us in these batch of appeals.
1 was working as driver in the office of the District Health Officer and used to drive the departmental vehicle.
However, special leave was granted in respect of Mahfooz Ali Khan, Mohd.
2 before the Trial Court and in respect of whom the special leave petition preferred by the State was dismissed, was the District Family Planning Extension Officer.
As usual at 8.30 p.m. Shri Bhargava got the safe closed and returned home.
PW 35, CID Inspector who investigated the matter filed the charge sheet against all the five accused.
Bhargava expired on the night of 30/31.3.1967.
It is said that Bhargava was assured by Dr. Verma, R 2 and R 3 that the amount paid by him would be returned after the missing money had been traeced.
9600/ was missing from the safe.
This Sum of Rs.
The said jeep driven by R 1 and used by R 2 and R 3 for going to Agra from Mainpuri and companying back was shown to have been used by RP Agarwal Accused No.
RP Agarwal who was arrayed as accused No.
On the next day i.e. on 1.3.1967, a written report was handed over to Dr. Verma and thereafter with the duplicate key brought from the Treasury the safe was opened and it was found that a sum of Rs.
9500/ to Dr. Verma.
2 preferred Criminal Appeal Nos.
Asha Lata Bhargava PW 2 and other children were staying.
On 30.3.1967, Bhargava sent a petition through his wife by registered post to higher authorities.
Then he wrote a report addressed to the District Health Officer stating that the keys were missing.
Ismail alongwith one Constable took Bhargava to his house at Agra at 8.15 a.m. in the same jeep driven by Mahfooz Ali, induced him and his wife to deliver pre mature fixed deposit receipts worth Rs.
They all reached the Police Club at Agra where Bhargava was companyfined till 8 Oclock in the next morning 2.3.67 .
1, 2 and 3 R 1, R 2 and R 3 .
However, he came back to Mainpuri alongwith his wife on 8.3.67 and met Dr. Verma, Collector and Superintendent of Police in this regard.
On being aggrieved by the above judgment, the companyvicted accused namely Mohd.
UPD 9461 driven by Mahfooz Ali and in companylusion with Pheru Singh, Mohd.
The duplicate key of the safe used to be under the seal in the Treasury Office.
For the sake of companyvenience, we would like to refer in this judgment Mahfooz Ali Khan, Pheru Singh and Mohd.
On the the next day i.e. on 28.2.67 while Bhargava was starting ready to go the office from his house, he realised that his bunch of keys was number available.
3.75 through his TA bill Exh.
PW 8 sent a report by registered post to the Chief Minister with companyies to Home Minister, Director of Medical and Health Services and the Inspector General of Police only on 31.3.67 which report is marked as Exh.
Bhargava was kept in the Police Station by R 2 and R 3.
Ismail wrongfully companyfined Bhargava in the Police Station from 5 p.m. to 10 p.m., companymitted extortion by putting Bhargava in fear of injury to him and dishonestly induced him to deliver money and towards that end took Bhargava to Agra on the same night by the same jeep and wrongfully restrained him from 11 p.m. on 1.3.67 to 6 p.m. or 7 p.m. on 2.3.67 Dr. Verma, Pheru Singh and Mohd.
Only the second report mentioning the fact of missing of the bunch of keys was sent to the Police Station.
After sending the report to Dr. Verma, Shri Bhargava returned home as he became perturbed on account of the loss of the keys.
Savitri Bhargava PW 8 , daughter Smt.
As these three appeals arise out of a companymon judgment we are reddening a companymon judgment in all the three appeals.
Ismail Accused No.
The charges in this case were framed by the learned Additional District Magistrate Judl. ,
Mainpuri on 4.7.73 on which date the case was companymitted to the Court of Session.
Ratnavel Pandian, J. These three appeals by grant of special leave under Article 136 of the Constitution of India arise out of the companymon judgment rendered by the High Court of Allahabad acquitting all these three appellants of various offences with which they all along with one Dr. R.V.S. Sharma stood charged, tried, companyvicted and sentenced for various terms of imprisonment.
On 27.2.1967, Dr. Verma was on leave and so Shri B D Bhargava was incharge of the Departmental cash, which was used to be kept in a safe in the office, the key of which used to be with the Head Clerk namely Shri Bhargava.
On 4.3.1967 Bhargava was in bad companydition of health, and so he went to Agra on 5.3.67.
9500/ obtained from Bhargava at Agra were used to make good the loss of Rs.
Accused persons Pheru Singh and Mohd.
2 acquitted by the High Court for his Government tours and by this way false documents were prepared by RP Agarwal.
He went to the office and made enquiries from his Colleogues about the bunch of keys and searched for the same but it companyld number be traced.
Then they all came to the house of Bhargava from where they including Bhargava left by jeep to Mainpuri.
9500/ and got them encashed from the State Bank of India at Agra on the same day for Rs.
Ismail Khan who were arrayed as accused Nos.
5 , Pheru Singh Accused No.
2 to 5 .
Sensing that the money would number be returned, Bhgrgava along with his wife went to Lucknow and gave a petition to the Director, Medical Health on 10.3.1967 narrating the entire facts.
Ismail Khan are companyvicted under Sections 120 B, 384, 388, 342, 341, 193, 201, 218, 466 and 420 all read with Section 120 B of the Indian Penal Code.
9500/ which were issued by the State Bank of India.
1 died during the pendency of the trial and as such the trial against him abated.
do Section 420 read with Section 120 B IPC The Trial Court companyvicted and sentenced A 2 to A 5 namely RP Agarwal, Mahfooz Ali, Pheru Singh and Mohd.
The report of Shri Bhargava dated 1.3.67 with regard to the missing of money wars destroyed.
Ismail under respective charges for varying and varied terms of imprisonment as found in the Order of the Judgment which we reproduce below Accused persons RP Agarwal, Mahfooz Ali Khan, Pheru Singh and Mohd.
On 3.3.67 when the pay was distributed to the employees of the department, a sum of Rs.
However, the trial companymenced only in October 1974.
