Criminal Appeal No. 494 of 2002 wherein Lalit Kishore Prasad Srivastava is the appellant, Criminal Appeal No. 510 of 2002 wherein Rama Ballabh Chaudhary is the appellant and Criminal Appeal No. 514 of 2002 wherein Naresh Choubey is the appellant commonly originate against the judgment of conviction dated 16-8-2002 and sentence dated 19-8-2002 passed by the Special Judge, Central Bureau of Investigation, Animal Husbandry, Patna in Special Case No. 20 of 1996 (R. C. Case No. 30/A-96) convicting all the appellants for the offences punishable under Section 120B read with Sections 420, 467, 468, 471, I.P.C. and Section 13(1)(c)(d) punishable under Section 13 (2) of the P.C. Act, Rama Ballabh Chaudhary for the offences punishable under Sections 420, 467, 468, 471 read with Sections 465, 420, I.P.C. and Section 13(1)(c)(d) of the P.C. Act, Lalit Kishore Prasad Srivastava for the offences punishable under Sections 420, 471 read with Section 465 I.P.C. and Section 13(1)(c)(d) of the P.C. Act, Naresh Choubey for the offences punishable under Sections 420, 471 read with Section 465 of the I.P.C. and Section 13(1)(c)(d) of the P.C. Act as well as directing each one of the appellants/ convict to undergo rigorous imprisonment for three years under first head, appellant Rama Ballabh Choudhary to undergo rigorous imprisonment for two years-three years fine of Rs. 5,000/- in default thereof, undergo simple Imprisonment for three months, rigorous imprisonment for one year, rigorous imprisonment for two years as well as fine of Rs. 5,000/- in default thereof, to undergo Simple Imprisonment for three months, rigorous imprisonment for one year, rigorous imprisonment for two years respectively, Lalit Kishore Prasad Srivastava to undergo rigorous imprisonment for two years, one year, rigorous imprisonment for two years fine of Rs. 5,000/- in default thereof, simple imprisonment for three months respectively, Naresh Choubey to undergo rigorous imprisonment for two years, rigorous imprisonment for one year, rigorous imprisonment for two years, fine of Rs. 5,000/- in default thereof to undergo simple imprisonment for three months respectively, have challenged the same under instant appeal, on account thereof, have been heard analogously and are decided by a common judgment.

2. During course of pendency of instant appeal, appellant Rama Ballabh Choudhary died and as there also happens to be imposition of fine sentence, substitution has been allowed in terms of Section 394 (2) of the Cr. P.C. through his wife, Poonam Devi vide order dated 9-2-2015.

3. PW-15, Gyanendra Prasad Singh filed written report alleging inter alia that in the night of 17-11-1995, he came to know regarding unsuccessful attempt to withdraw the government money on forged bill and on account thereof, he became suspicious and directed to verify the genuineness of the bill from Financial Years 1990-91 to 1994-95. While the process is going on, on the basis of preliminary report defalcation of Rs. 6,00,000/- (six lacs) have been detected. It has further been disclosed that Assistant, Rama Ballabh Choudhary happens to be entrusted with preparation of bill, receiving cash from the bank after passing of the bill, deposit of the bill, tendering of the bill at Treasury Office. Furthermore, the details thereof, has been given.

4. After having been registered as Sadar P. S. Case No. 209 of 1995, the investigation proceeded, however, during midst thereof, as per order of the Hon’ble High Court confirmed by the Hon’ble Apex Court, the matter relating to siphoning of government money under Animal Husbandry Department was considered under Public Interest Litigation followed with directing the C.B.I. to register case with regard to respective offences, investigation as well as proceeding with the trial and on account thereof, instant case was also taken over by the C.B.I. whereupon R. C. Case No. 30/A-96, Special Case No. 20 of 1996, was registered, investigated, followed with submission of c