JUDGMENT

The appellant in these three appeals, by special leave, along with R. C. Goshwami (A-1), Sabir Ahmed (A-2) and Mehendra Narain Sah (A-5) were tried for offences under Sections 120-B, 409 IPC and Section 5(1)(c) and 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947. A-1 and A-2 have not filed any appeal in this Court and A-5 died during the pendency of his appeal in the High Court. The trial Court convicted the appellants for the offences for which they were charged except for the offence under Section 409 IPC. They were sentenced to suffer rigorous imprisonment for one year each under Section 477A IPC and Sections 5(1)(c) and 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act. No separate sentence was imposed for the offence under Section 120-B against any of the accused. Different appeals were filed by the accused before the High Court. The High Court by its judgment dated 21-10-1990 disposed of all the appeals, maintaining the conviction of the appellants as well as of A-1 and A-2 (A-5 having died during the pendency of the appeal in the High Court). So far as the sentence of the appellants is concerned, the High Court reduced the substantive sentence of imprisonment to the period already undergone by them. However, fine of Rs. 1,000/- was imposed on A-1 and A-2 each while a fine of Rs. 500/- was imposed on each of the four appellants. In default of payment of fine, the appellants were to suffer one years rigorous imprisonment under each of the counts.

2. This case is concerned with the alleged misappropriation of wheat, weighing 2564,00,000 qtls. The mis-appropriation, according to the prosecution case, occurred during the period 12-1-1975 and 30-3-1976. According to the prosecution case, R. C. Goshwami, A-1 was posted as Depot in charge of the F.S.D. of the Food Corporation of India at Muzaffarpur while Sabir Ahmed, A-2 was the in charge of the two sectors of the said depot. Mahendra Narain Sah, A-5 (since deceased) was working as A.G.I. at the said depot. Narain Mahto, appellant (A-4) was working as an AG-11 staff attached to Sector-A while appellant Jagannath Prasad Singh (A-6) was attached to Sector-B. Appellant Jagan Nath Singh (A-3) was working as AG-III and was attached to the depot and looking after the movements. Appellant Madhusudan Singh (A-7) was also working as AG-III and was attached to Sector-A of the aforesaid depot. A-1 was the godown in charge of the entire depot. A-3, A-4, A-6 and A-7, the appellants herein were assisting A-1 and A-2 in the discharge of their duties and the day-to-day functioning of the depot in respect of the two sectors of the depot.

3. It appears that one Shri Himat Singh joined as an Assistant Superintendent of the Muzaffarpur P.S.D. in March, 1976 and discovered that the arrangement of the stock of wheat in the godown was not proper and that the quantity of the wheat was lying in dis-array. The bags containing wheat were found to be so place as not to be capable of being counted properly. Even the accounts and the record relating to the stock of wheat was not properly maintained. He made a report to his superior upon which special physical verification was ordered. On completion of the special physical verification, huge shortage of wheat was detected. The Deputy Manager, vigilance, thereupon reported the matter to the CBI and the case was investigated. The appellants along with the three others were then sent up for trial and convicted and sentenced as noticed above.

4. The prosecution examined 16 witnesses to connect the appellants and others with the crime and brought on record a number of documents including the Form O in which the entries had been finalised. The substance of the prosecution case against the appellants and the other co-accused is that they entered into a conspiracy to put the F.C.I. to less for the benefit of themselves or others and towards that end in view, falsified the entries contained in various O Forms and the s