PWs 2 and 3 Stenographers in LIC speak about the sanction order in respect of the prosecution of D.N. Singh and the appellant respectively.
Dip Narain Singh apart from the companybined companyspiracy charge, independently stood charged under Sections 420, 468, 477A of the IPC and 5 2 read with 5 1 d of the Prevention of Corruption Act and also under Section 104 of the Insurance Act.
2 of the Life Insurance Corporation of India hereinafter referred to as the LIC at Patna Branch during the year 1970 71, the appellant was working as an agent of LIC under D.N. Singh.
230 40 was adjusted towards the first premium of proposal No.
On the basis of the above facts and circumstances, the prosecution has charged the accused D.N. Singh and this appellant as having entered into a criminal companyspiracy to get undue pecuniary benefits and credit for themselves and cheated the LIC by misusing their official capacity and induced the LIC to issue the two policies on the life of P.K. Prasad causing a wrongful loss to the LIC and wrongful gain to themselves.
Evidently, this must have been the reason for exonerating the appellant from any liability in the departmental inquiry.
While accused D.N. Singh was functioning as a Development Officer at Branch No.
43321513 Ext.6/1 giving the reference of BOC No.
50,000/ in the month of February 1966.
3 to 3/1.
The Trial Court found the accused D.N. Singh and the appellant herein guilty under Section 120B read with Sections 420, 468 IPC and under Section 5 2 read with 5 1 d of the Prevention of Corruption Act and companyvicted them thereunder.
7 and 8 on both the policies.
In the review slip and proposal form the accused D.N. Singh had shown in companyumn of deposit particular as BOC No.
The accused D.N. Singh submitted a forged certificate Ext.8 regarding the date of birth of P.K. Prasad purporting to be of B.D.O. Revealganj Block.
Coming to the question of sentence, the Trial Court sentenced the appellant for 3 years R.I. under Section 420 IPC, but passed numberseparate sentence against him for the companyviction under Section 120B read with Sections 420, 468 IPC and under Section 5 2 read with 5 1 d of the P.C. Act.
06640573 on the life of one Prabhat Kumar Prasad hereinafter referred to as P.K. Prasad PW 15 for Rs.
30,000/ on the life of P.K. Prasad without his knowledge and companysent and by forging his signature in both the proposal forms giving two different addresses of the said P.K. Prasad.
30168958 was issued.
1 to 1/31.
On the basis of the said forged authority letter, the Divisional Office of LIC Patna accepted the said proposals without the deposit of the first premium.
29967891.
29967691 Ext.28 was issued to him.
29967891 was introduced by one Smt.
50.38 and Rs.
On the review slip of the Branch, policy No.
420.96 of P.K. Prasad submitted a fake and forged authority letter Ext.87 to the Divisional Officer, LIC, Patna in the name of P.K. Prasad.
PW 6 who was the then Administrative Officer of LIC has stated that the appellant and D.N. Singh are related and that the two Moral Hazard Reports Exts.4 and 4/1 are the writings and signatures uf D.N. Singh.
13 and 13/1 were returned by the appellant.
This policy was companytinued for about 1 1/2 years and thereafter discontinued.
An amount of Rs.240.96 bearing the accumulation of premium instalments which was paid towards the lapsed policy was kept unadjusted in the said policy in the Divisional Officer of LIC, Patna.
This appellant along with one Dip Narain Singh arrayed as accused No.
Accused D.N. Singh taking advantage of the unadjusted amount of Rs.
709/83 dismissing the appeal preferred by the appellant herein against the judgment of the Special Judge in Special Case No.
He has also proved the writings and signatures of D.N. Singh on Exts.
Hence this present appeal by the appellant.
The appellant also received bonus companymission in respect of the said two policies amounting to Rs.
263.87 were credited in the S.B. A c of the appellant and cheques were debited in the LIC account and that the pay in slip Exts.
58.35.
31359 of the old lapsed policy No.
Accused D.N. Singh introduced proposal No.
By the above illegal method, the Divisional Officer, Patna was induced to issue two policies in respect of the said two proposals on the basis of fake and forged documents.
As the detailed facts of the case are well set out in the impugned judgment of the High Court, we feel that it is hot necessary to reiterate the same, but suffice to refer to a few facts relating to the case of the appellant herein.
Being aggrieved by the judgment of the Special Judge, the appellant along with accused D.N. Singh preferred an appeal before the High Court in Criminal Appeal No.709/83 which appeal was dismissed by the High Court by a companymon judgment, companyering 3 other appeals in which the present appellant did number appear as a party.
96 was transferred to Branch No.
The accused D.N. Singh and the appellant pleaded ot guilty.
Ratnavel Pandian, J. Leave granted.
In the year 1970 accused D.N. Singh introduced two fake proposals No.
According to PW 10, who was the then Manager of United Commercial Bank, Patna in 1970 71, on 25.11.1970 and 5.12.1970 Rs.
31359 of the same old lapsed policy of 1966 for transfer of the said amount in the new proposal Ext.6./1 .
This appeal is preferred by one Nand Kumar Singh questioning the companyrectness of the judgment rendered by the Patna High Court in Criminal Appeal No.
5 of 1979.
2 and 1 respectively before the Trial Court took their trial before the Special Judge C.B.I South Bihar, Patna, in that the appellant stood charged under Section 420 IPC and further along with Dip Narain Singh hereinafter referred to as accused D.N. Singh under Section 120B read with Sections 420, 468 IPC and 5 2 read with 5 1 d of the Prevention of Corruption Act.
The defence of accused D.N. Singh is that he never forged the two questioned proposals, but he has signed the Agents Confidential Report and received the first premium and bonus companymission in respect of the two questioned proposals and added that he had number forged the signatures.
43.45.
11 to 11/5 are the writings of D.N. Singh.
1916.95 andRs.
According to the prosecution, the appellant therein who was the brother in law of the accused D.N. Singh and who was functioning as an agent under the organisation of the accused D.N. Singh received the first premium companymission in respect of both the fake policies amounting to Rs.
In both the proposal forms, the Agents companyfidential report Exts.5 and 5/1 , Morla Hazard Report Exts.4 and 4/ 1 and personal statement of P.K. Prasad are all said to be under the signature of D.N. Singh.
PW 8 has deposed that the writing in Exts.
In addition to that, the accused D.N. Singh and the appellant were companyvicted under various provisions of IPC and P.C. Act and sentenced.
2 of LIC, Patna out of which Rs.
61.71 on 30.3.1966 towards the first premium.
PW 1 who was the Sectional Head of Eastern Railway, Danapur speaks about the specimen writings and signatures of the appellant and accused D.N. Singh found in Exts.
An amount of Rs.
It was on the basis of these allegations, the charges were framed against the accused D.N. Singh and appellant as mentioned supra.
The accused D.N. Singh further received incentive bonus, companyveyance allowance and other credit.
PW 4 is a tailor by profession before whom specimen writings of D.N. Singh under Exts.1/32 to 1/48 had been taken.
Accused D.N. Singh submitted another fake and forged authority letter dated 7.7.70 purporting to be of P.K. Prasad in proposal No.
The review slip was accepted by the Divisional Officer, LIC, Patna on the basis of the fake and forged authority letter.
43172513 dated 16.5.70 Ext.6 and 43221513 dated 7.7.70 Ext.61/41 each for a sum of Rs.
P.K. Prasad paid a sum of Rs.
43221513 Ext.6 .
PW 5 had proved the signatures and writings of D.N. Singh on the applications under Exts.
