1982 Supreme(Raj) 225
RAJASTHAN HIGH COURT
P.D.Kudal, N.M.Kasliwal, JJ.
Dharam Deo Agarwal & Anr. - Appellants
Versus
State of Rajasthan - Respondent
S.B. Criminal Appeal No. 788 of 1972.
Decided On : 18-01-1982
The court held that the accused persons were guilty of offences under Sections 420 and 120-B/420 IPC based on the evidence that they had entered into a criminal conspiracy to cheat the State Bank of India by pledging goods in less quantity and over-valuing the goods.
Headnote:
CRIMINAL APPEAL - Enhancement of Sentence - Cheating - Conspiracy - Section 420, 120-B IPC - State Bank of India - Cash Credit Account - Pledged Goods - Physical Verification - Shortage - Liability of Godown-keeper - Conduct of Accused - Explanation - Reasonable Doubt - Relieving Certificate - Duty of Godown-keeper - Conspiracy - Sentence - Enhancement.
Fact of the Case:
The accused persons, Gurbachan Singh, Mohanjit Singh, Dharam Dev Agarwal, and Ramesh Chandra, were tried for offences under Sections 120-B and 420 of the Indian Penal Code (IPC). The accused were convicted and sentenced by the trial court. The State of Rajasthan filed a revision petition for enhancement of the sentences of Gurbachan Singh and Mohanjit Singh. Dharam Dev Agarwal filed an appeal against his conviction and sentence. Ramesh Chandra was acquitted by the trial court.
Finding of the Court:
The court found that the accused persons had entered into a criminal conspiracy to cheat the State Bank of India by pledging goods in less quantity and over-valuing the goods. The court also found that the godown-keeper, Dharam Dev Agarwal, was in conspiracy with the accused persons and had accepted a bribe of Rs. 600/-. The court held that the accused persons were guilty of offences under Sections 420 and 120-B/420 IPC.
Issues: 1. Whether the accused persons had entered into a criminal conspiracy to cheat the State Bank of India? 2. Whether the godown-keeper, Dharam Dev Agarwal, was in conspiracy with the accused persons? 3. Whether the accused persons were guilty of offences under Sections 420 and 120-B/420 IPC?
Ratio Decidendi: 1. The court held that the accused persons had entered into a criminal conspiracy to cheat the State Bank of India based on the following evidence: - The accused persons had pledged goods in less quantity than the quantity mentioned in the pledge letters. - The accused persons had over-valued the goods pledged. - The godown-keeper, Dharam Dev Agarwal, had issued certificates certifying the correctness of the quantity, quality, and description of the goods pledged, even though he knew that the goods were not of the quantity and quality mentioned in the pledge letters. - The accused persons had admitted to the shortage in the goods and had executed a delivery order to meet the shortage. 2. The court held that the godown-keeper, Dharam Dev Agarwal, was in conspiracy with the accused persons based on the following evidence: - The accused persons had issued a cheque for Rs. 600/- in the name of Dharam Dev Agarwal. - The accused persons had admitted to giving the cheque to Dharam Dev Agarwal. - Dharam Dev Agarwal had accepted the cheque and had not returned it to the accused persons. 3. The court held that the accused persons were guilty of offences under Sections 420 and 120-B/420 IPC based on the following evidence: - The accused persons had entered into a criminal conspiracy to cheat the State Bank of India. - The accused persons had cheated the State Bank of India by pledging goods in less quantity and over-valuing the goods. - The accused persons had caused a loss of Rs. 1,45,774.47 paise to the State Bank of India.
Final Decision: The court allowed the revision petition filed by the State of Rajasthan and enhanced the sentences of Gurbachan Singh and Mohanjit Singh from rising of the court to six months rigorous imprisonment on both the counts separately, i.e., under Sections 420 as well as 120-B/420 IPC. The court dismissed the appeal filed by Dharam Dev Agarwal.
1. Gurbachan Singh - u/s 120-B/420 & 420 IPC, sentenced to imprisonment till rising of the court and a fine of Rs. 2,500/- on each count and in default of payment of fine one year's rigorous imprisonment on each count.
2. Mohanjit Singh- u/s 120-B & 420 IPC, sentenced to imprisonment till rising of the Court and a fine of Rs. 1,000/- on each count, in default of payment of fine six months rigorous imprisonment on each count.
3. Dharam Dev Agarwal- u/s 120-B & 420 IPC-sentenced to six months rigorous imprisonment on each count and a fine of Rs. 1,000/- on each count and n default of payment of fine further rigorours imprisonment for six months on tach count.