Judgment

GOSWAMI, J.:- These appeals by special leave were directed gainst the judgment of the Patna High Court convicting the two appellants and another under Sections 420/34, Indian Penal Code. They have each been sentenced to rigorous imprisonment for one year and a fine of Rs. 200/-, in default rigorous imprisonment for six months. Dr. Rama Shankar (P. W. 14) and Dr. Ram Balak Singh (PW 4) were House Physicians and Dr. Sailendra Kumar (PW 5) was a House Surgeon in the Durbhanga Medical College Hospital. 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 July and July to December and their monthly emoluments total Rs. 125/-, Rs. 75/- towards stipend and Rs. 50/- as diet allowance.

2. The prosecution case is that for the month of March, 1963 a fictions pay bill for 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. A similar pay bill for March, 1963 was prepared for Dr. Sailendra Kumar, who was working in Ear, Nose and Throat Department, but this bill