1. The appellant has preferred this appeal under sec. 374 of CrPC against the judgment and order of conviction and sentence passed by the learned Special Judge, City Civil & Sessions Court, Court No. 4, Ahmedabad in Special Case No. 42/1990, whereby, the learned Special Judge has convicted the appellant under sec. 420 of IPC and sentenced to suffer R/I for six months, the appellant is convicted under sec. 467 of IPC and sentenced to suffer R/I for six months and to pay a fine of Rs. 200/-, in default, to suffer further R/I for one month, the appellant is convicted under sec. 468 of IPC, and sentenced to suffer R/I for six months, the appellant is convicted under sec. 471 of IPC, and sentenced to suffer R/I for six months and under sec. 5(2) of the Prevention of Corruption Act, the appellant is convicted and sentenced to suffer R/i for six months and to pay a fine of Rs. 300/-, in default, to undergo further R/I for two months. Ld. Judge has also ordered that all the sentences to run concurrently.

2. The brief facts of the prosecution case are as under:

3. The appellant-accused was working as Station Master at Waghai railway station with Western Railway during the year 1987-88. The appellant entered into a criminal conspiracy with one unknown person with the object to cheat the Railway Department by submitting forged/false overtime bills and by obtaining the claimed amount thereof. As per rules, overtime is claimed by an employee when he performs the duty in addition to the duty hours which he has to perform and as per the duty list, no overtime can be claimed on holidays. In railway Department, if an employee is posted to a Railway Station, he is given pick-up duty to get conversant with his duties in that Railway Station. This pick-up duty is treated as training period. The employee is not supposed to claim any over time as he is not entitled for the same as per the rules. It is alleged by the prosecution that the appellant who was posted at Waghai Railway Station as Station Master remained on pick up duty from 13.12.1987 to 3.2.1988. It is alleged that in pursuance of the above mentioned criminal conspiracy, the appellant did the following acts of omission/commission:-

(i) That appellant claimed and received overtime for the above mentioned period by submitting over time vouchers for 216 hours. That the appellant forged rubber stamp impression and initials of T.I. Surat, and received the payment thereof.

(ii) That the appellant was on rest on 5th, 6th and 7th May, 1988 and Mr AJ Patel performed the duty as Station Master at Waghai, but the appellant had claimed and received over time for 51 hours. It is alleged that similarly on 8.5.1988 the appellant had claimed overtime for 5 hours, whereas, during the period of over time shown and claimed by the appellant, Mr AJ Patel had performed the duty as Station Master.

(iii) That on 14.5.1988, the appellant was on rest but had claimed and received over time for 9 hours during which Mr AJ Patel performed the duties as Station Master at Waghai Railway Station. On 15.5.1988, Mr AJ Patel had performed the duties as Station Master but the appellant had claimed and received overtime for 17 hours. That on 24.6.1988, the appellant was off-duty from 14 hours but had claimed and received over time for 9 hours. That on 6.7.1988, the appellant was off-duty from 14 hours but had claimed and received overtime for 5 hours, where Mr AJ Patel had performed the duties as Asstt. Station Master, Waghai.

(iv) It is further alleged by the prosecution that in the manner above, the appellant had claimed and received overtime for 2 ? hours on 18.3.1988 and 2 ? hours between 21.3.1988 to 26.3.1988 during which period Mr VC Patel performed the duties as A.S.M., Waghai. That thus, the appellant had claimed and received amount of overtime for 32 hours when he had not performed any duty and was not entitled to the same. It is alleged that Waghai Railway Station was managed by one A.S.M., i.e. by the appell