The appellant at the relevant time was working as Development Officer in the Life Insurance Corporation of India for short LIC Dil Narain Singh who was companyaccused was also working with LIC as Assistant Branch Manager, Patna.
109417/518 marked x/3 on the life of Sanjay Kumar son of Gulzarbagh for a sum of Rs.
20/3 on Allahabad Bank was dishonoured for want of sufficient funds.
It is against these two companycurrent judgments, the appellant has filed this appeal in this Court.
This proposal was faked one.
8/1 , the Moral Hazard Report Ex.7 , the personal statement regarding the health were forged by the appellant, Ganesh Prasad PW 10 disowned the proposal and signatures thereon.
6/1 was in the name of a fictitious person Suresh Chandra Bajaj For Rs.
In the appeal, we re however companycerned with the proposal Nos.
1 and 2.
The LIC after companying to know about these proposals, lodged the FIR against the appellant and Dip Narain Singh.
All offences in question were alleged to have been companymitted by the appellant in 1974.
It was averred by the prosecution that the dishonoured cheques were issued by the appellant.
The first premium cheque of Rs.
After Completing the investigation, the appellant and Dip Narain Singh were put up for trial for the aforesaid offences.
He further states that there was neither any loss to the Corporation number any pecuniary gain to him from these proposals.
He pleaded that he was innocent and he be acquitted.
THE 24TH DAY OF OCTOBER, 1997 Present Honble Mr.Justice M.M.Punchhi Honble Mr. Justice S.P.Kurdukar R.Lalit, Sr.
he was falsely implicated in the present crime at the behest of Mr. J.P. Shah, the superior officer in the LIC at Patna who was number having good equation with him.
The Special Judge, Patna, after scrutinizing the oral and other documentary evidence on record by his judgment and order dated December 10, 1990, companyvicted the appellant for the charged offences and sentenced him on each companynt for various terms of sentences maximum being three years.
1 The proposal No.
While imparting training to the Insurance Agents, he was required to fill in the forms and while doing so, he had filled in the proposal forms which were rough work, Somebody without his knowledge submitted these proposals to implicate him in the present crime.
The proposal form Ex.
107705/518 Ex.
This was done by them with a view to show the inflated business and earn promotions.
2.5 lacs.
4100/ on Punjab National bank was also dishonoured.
It was alleged by the prosecution that both these accused hatched a criminal companyspiracy and in pursuance thereof introduced some false and take insurance proposals to the Corporation in the name of number existing person as also without the knowledge and companysent of the insurer in order to ear undue credit and promotions in the LIC on the basis of their inflated business.
The said proposal was introduced without the knowledge and companysent of Ganesh Prasad and a signature on the proposal form was forged one.
Subject to this modification, the appeal was dismissed.
The second cheque of Rs.
The three proposals introduced by the appellant were the subject matter of criminal trial.
one lac.
The appellant denied the allegations levelled against him and pleaded that he did number companymit any offence of cheating, forgery or prepared the fraudulent documents.
for B.B. Singh, Adv.
4575/ drawn on account No.
Chinta Kumari was the agent of this proposal.
with him for the appellant.
The introduction of the proposals and Moral Hazard Reports were prepared by the appellant and Dip Narain Sing knowingly that both these proposals were fake.
The second proposal No.
The cheques towards the first premium were dishonoured and accordingly the insurance policy was number issued.
Since both the cheques towards the First premium were dishonoured, the insurance policy was number issued.
107913/518 Ex.6 on the life of Sanjay Prasad under guardianship of father Ganesh Prasad PW 10 was for a sum of Rs.
The criminal appeal filed by the appellant before the High Court of Patna was dismissed but, however, the High Court substituted the sentence of three years RI to two years RI.
A.Sharan, A.P.Singh, Advs.
J U D G M E N T The following Judgment of the Court was delivered P.KURDUKAR, J. This Criminal Appeal by Special Leave is filed by the appellant accused challenging the judgment and order of his companyviction and sentence passed by the Special Judge, B.I., Patna, and on appeal companyfirmed by the High Court of Patna for offences punishable under Sections 120 B read with 420 IPC read with 5 1 d of the Prevention of Corruption Act 420/511 IPC, 468, 477 A IPC 4 3A /5 1 d of the Prevention of Corruption act punishable under Section 5 2 of the said Act and under Section 104 of the Insurance Act.
The appellant examined five witnesses in support of his defence.
It was alleged by the prosecution that proposal No.
Kunwar Rajesh Singh Adv.
The appellant was sentenced for various terms of RI on all these companynts and the maximum sentence was being two years.
with him for the Respondent.
The prosecution in support of its case examined 24 witnesses including the hand writing expert and produced on record the original proposal forms in respect of these two proposals.
