The scheme, as unfolded at the trial was that false and forged applications were prepared in companylaboration by Bajrang Lal and Ram Kishan with the object of causing wrongful loss to the Railway.
The passes, Exts.
Appeal by special leave from the judgment and order date the 27th July, 1971 of the Rajasthan High Court at Jodhpur in Criminal Appeal No.
According to the prosecution case, during this period from December 23, 1961 and April 11, 1963, Bajrang Lal, Ram Kishan, Sita Ram and Ganesh Ram, all hatched a companyspiracy for securing passes on forged applications.
P 47 and P 48 were prepared by Ram Kishan.
They were checked by Sita Ram.
The signature on this forwarding endorsement is in the hand of Bajrang Lal.
This finding which is borne by the evidence of Sadhu Ram P.W. 32 , the Head Clerk of the Works Manager, Mohd.
200/ , each.
If the passes were meant for a local line, they were put to the Chief Clerk of the Works Managers office for signature.
It was the duty of the office hands to check the companyrectness of the application and the genuineness of the signatures of the forwarding officers before preparing the passes in the Railway Pass Books maintained by them.
After checking, preparing and initialling the passes they were put to the Works Manager.
P 46 is one of such applications prepared in the name of one Narain P.W. 6 .
P 78, was prepared by Bajrang Lal, while the Pass, Ext.
The application Ext.
They were further companyvicted under s. 120B, Penal Code and sentenced to 6 months rigorous imprisonment, each.
Bajrang Lal and Ram Kishan, though posted as Khalasis in the Railway Carriage Shop, were associated with the work of issuing passes in the office of the Works.
Ram Kishan prepared the acknowledgement receipt in respect of the passes, Exts.
N. Mulla, S. K. Mehta and M. Qamaruddin, for the appellant.
The prosecution has brought material on the record to show that 15 forged applications were prepared by them to secure such passes Ex.
666 of 1969.
P 140 companytaining an entry about the pass Ext.
P 79 was prepared by Ram Kishan.
Manager.
P 87 was written by Bajrang Lal, while the acknowledgement receipt Ex.
P 88 in the slip Ex.
Subhag Mal lain, for the respondent.
P 79, in respect thereof was prepared by Ram Kishan.
CRIMINAL APPELLATE JURISDlCTION Criminal Appeal No.
Sajjad P.W. 19 and Mohd.
The slip Ext.
P 140 to show that they had been delivered to the persons in whose names they were prepared.
Similarly, the forged application, Ext.
It arises out of these facts There is an office of the Works Manager, Northern Railway at Bikaner.
Sita Ram and Ganesh Ram were at the relevant time April 11, 1963 working as Pass Clerks in the office of the Works Manager.
The sentences on all the companynts were directed to run companycurrently.
Ibrahim P.W. 34 , was affirmed by the High Court.
200/ each on each of these companynts.
198 of 1971.
The office used to receive applications from Railway employees of the different sections under the Works Manager duly forwarded by the Foreman Incharge of the respective sections for issue of the Railway passes.
Thereafter, it was the duty of the Clerks to send the passes to the companycerned sections with acknowledgement slips, and the Foreman of the section was expected to pass them on to the applicants companycerned.
The Judgment of the Court was delivered by SARKARIA, J. This appeal by special leave is directed against a judgment of the High Court of Rajasthan.
P 47, and P 48 on Ext.
Among others, the duty of this office is to issue Railway Passes to the Railway employees and their dependent family members for railway travel.
