JUDGMENT

S. RATNAVEL PANDIAN, J.:- Leave granted.

2. This appeal is preferred by one Nand Kumar Singh questioning the correctness of the judgment rendered by the Patna High Court in Criminal Appeal No. 709/ 83 dismissing the appeal preferred by the appellant herein against the judgment of the Special Judge in Special Case No. 5 of 1979. As the 9 detailed facts of the case are well set out in the impugned judgment of the High Court, we feel that it is not necessary to reiterate the same, but suffice to refer to a few facts relating to the case of the appellant herein.

3. This appellant along with one Dip Narain Singh (arrayed as accused Nos. 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. Dip Narain Singh apart from the combined conspiracy 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.

4. While accused D. N. Singh was functioning as a Development Officer at Branch No. 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. Accused D. N. Singh introduced proposal No. 06640573 on the life of one Prabhat Kumar Prasad (hereinafter referred to as P. K. Prasad) (PW 15) for Rs. 50,000/ - in the month of February, 1966. P. K. Prasad paid a sum of Rs. 61.71 on 30-3-1966 towards the first premium. Policy No. 29967691 (Ext. 28) was issued to him. This policy was continued 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 Office of LIC, Patna.

5. In the year 1970 accused D. N. Singh introduced two fake proposals Nos. 43172513 dated 16-5-70 (Ext. 6) and 43221513 dated 7-7-70 (Ext. 61/41) each for a sum of Rs. 30,000/- on the life of P. K. Prasad without his knowledge and consent and by forging his signature in both the proposal forms giving two different addresses of the said P. K. Prasad. In both the proposal forms, the Agents confidential report (Exts. 5 and 5/ 1), Moral 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. Accused D. N. Singh taking advantage of the unadjusted amount of Rs. 420.96 of P. K. Prasad submitted a fake and forged authority letter (Ext. 87) to the Divisional Office, LIC, Patna in the name of P. K Prasad. 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. On the review slip of the Branch, policy No. 30168958 was issued. In the review slip and proposal form the accused D. N. Singh had shown in column of deposit particular as BOC No. 31359 of the old lapsed policy No. 2996789 1. 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. 43321513 (Ext. 6/ 1) giving the reference of BOC No. 31359 of the same old lapsed policy of 1966 for transfer of the said amount in the new proposal (Ext. 6 / 1). The review slip was accepted by the Divisional Officer, LIC, Patna on.the basis of fake and forged authority letter. An amount of Rupees 240.96 was transferred to Branch No. 2 of LIC, Patna out of which Rs. 230.40 was adjusted towards the first premium of proposal No. 43221.513 (Ext. 6). 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