JUDGMENT

SARKARIA, J.:—This appeal by special leave is directed against a judgment of the High Court of Rajasthan. It arises out of these facts :

2. There is an office of the Works Manager, Northern Railway at Bikaner. Among others, the duty of this office is to issue Railway Passes to the Railway employees and their dependent family members for railway travel. Sita Ram and Ganesh Ram were at the relevant time working as Pass Clerks in the office of the Works Manager. 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 Manger. The office used to 1009 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. It was the duty of the office hands to check the correctness 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. If the passes were meant for a local line, they were put to the Chief Clerk of the works Manager s office for signature. Thereafter, it was the duty of the clerks to send the passes to the concerned sections with acknowledgment slips, and the Foreman of the section was expected to pass them on to the applicants concerned.

3. 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 conspiracy for securing passes on forged applications. The scheme, as unfolded at the trial was that false and forged applications were prepared in collaboration by Bajrang Lal and Ram Kishan with the object of causing wrongful loss to the Railway.

4. The prosecution has brought material on the record to show that 15 forged applications were prepared by them to secure such passes. Ex. P-46 is one of such applications prepared in the name of one Narain (P. W. 6). It is admittedly in the hand of Ram Kishan, appellant. It bears the endorsement purporting to be under the signature of the forwarding officer, Kishan (P. W. 20). The signature on this forwarding endorsement is in the hand of Bajrang Lal. The passes Exhs. P-47 and P-48 were prepared by Ram Kishan. They were checked by Sita Ram. Ram Kishan prepared the acknowledgment receipt in respect of the passes, Exts. P-47 and P-48, on Ext. P-140 to show that they had been delivered to the persons in whose names they were prepared.

5. Similarly, the forged application, Ext. P-78, was prepared by Bajrang Lal, while the Pass Ext. P-79, in respect thereof was prepared by Ram Kishan. The slip Ext. P-140 containing an entry about the pass Ext. P-79 was prepared by Ram Kishan.

6. The application Ext. P-87 was written by Bajrang Lal, while the acknowledgment receipt Ex. P-88 in the slip Ex. P-140 was prepared by Ram Kishan. Ram Kishan also prepared the false acknowledgment receipt, Ext. P-76, and the acknowledgement receipt in respect of Pass No. 812080 in the slip, Ex. P-140.

7. On the preceding facts, Sita Ram, Ganesh Ram, Bajrang Lal and Ram Kishan were tried in respect of offences under Sections 120B, 420, 465, 471, Penal Code and under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947, by the special Judge Sita Ram and Ganesh Ram were acquitted of all the charges. Bajrang Lal and Ram Kishan were convicted on charges under Sections 420, 468 and 471, Penal Code and sentenced to one year s rigorous imprisonment and a fine of Rs. 200/- each on each of these counts. They were further convicted under Section 120B, Penal Code and sentenced to 6 months rigorous imprisonment each. They were also convicted under Section 5 (1) (d) read with Sec. 5 (2) of the Prevention of Corruption Act and sentenced to one year s rigorous imprisonment and a fin