The Accountant, Raghunath Prasad and the Cashier, Anil Kumar Bose, are the two appellants before us.
Some time in may 1963, in the companyrse of preparation of the Annual Establishment Return for submission to the Accountant General, Bihar, the Head Clerk, Bhola Nath Jha PW 3 numbericed that in the Acquittance Roll for March 1963, there were names of more Housemen than the sanctioned strength.
Hence these appeals by special leave.
223 of 1970 is by Anil Kumar Bose and Criminal Appeal No.
After enquiry by several officers at different levels, an information was lodged to the police who ultimately submitted a charge sheet against the two appellants and Yogesh Prasad Thakur, the Bill Clerk.
Appeals by Special Leave from the Judgment and Order dated the 4th August 1970 of the Patna High Court in Crl.
224 of 1970 is by Raghunath Prasad.
He did number know these three Doctors personally and he was number guilty of cheating.
Likewise another fictitious pay bill for the same month was prepared in the name of Dr. Ram Balak Singh, although he never joined that post and he was substituted by Dr. Rana Chandraketu.
Then, in accordance with the Acquittance Roll, the money used to be disbursed to the various persons who signed in token of receipt of the amounts on the Acquittance Roll.
A similar pay bill for March 1963 was prepared for Dr. Sailandra Kumar, who was working in Ear, Nose and Throat Department, but this bill was prepared in the Pediatric Section.
223 and 224 of 1970.
213 and 236 of 1967.
The accused were tried by the Court of Sessions ending in their companyviction under section 420/ 34 I.P.C. The High Court or appeal affirmed the companyviction and sentence.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
According to the rules of procedure, such pay bills used to be prepared by the Bill Clerk, checked by the Accountant and then placed for signature before the Superintendent of the Hospital.
After his signature, the bills were handed over to the peon of the Hospital who took these to the Treasury and after companylecting the money therefrom made over the same to the Cashier, who made relevant entries in his cash Book and other companynected registers.
Balakrishnan, N. M. Ghatate and B. Chakravarti, for the appellant in Crl.
Dr. Rama Shankar PW 14 and Dr. Ram Balak Singh PW 4 were 90 3 House Physicians.
Yogesh Prasad Thakur was the Bill Clerk, who has number appealed against his companyviction.
A. No.
Appeals Nos.
Both these appeals are heard together and are disposed of by this companymon judgment.
The Judgment of the Court was delivered by GoswAmI, J. These appeals by special leave are directed against the judgment of the Patna High Court companyvicting the two appellants and another under section 420/34, Indian Penal Code.
224 of 1970 .
224/70 .
Hospital House Surgeons or House Physicians are usually appointed for different sections of the Hospital by the Superintendent of the Hospital for a period of six months, January to June and July to December and their monthly emoluments total Rs.
The prosecution case is that for the month of March 1963 a fictitious pay bill for Rs.
A. No.
A. No.
and Dr. Sailendra Kumar PW 5 was a House Surgeon in the Durbhanga Medical College Hospital.
50, as diet allowance.
The amounts of the three aforesaid pay bills were drawn from the Treasury and disbursed to fictitious persons.
75/ towards stipend and Rs.
They have each been sentenced.
Gobrurdhan for the Respondent in Crl.
A. No.
223/70 .
After disbursement of the money, a certificate used to be given by the Deputy Suprintendent to the effect that the money had been disbursed in his presence.
223/70 .
Nuruddin and S. M. Singh for the appellant in Crl.
C. Prasad for the Respondent in Crl.
125/ Rs.
125/ was prepared in the name of Dr. Rama Shankar, who had worked only for six months up to December, 1962 and had made over charge in January 1963.
Since the Bill Clerks companyviction stands, it may be accepted that he prepared the three fictitious bills with a view to cheat the Government.
The letters of appointment and the joining reports of the various House Staff were as usual sent to the Accounts Department for preparation of the pay bills.
Criminal Appeal No.
