The mere existence of a thumb impression on a forged document, without any other evidence of dishonest or fraudulent intent, is insufficient to establish the offence of forgery under S.467, I.P.C.

T. R. Handa, J. :- Shri Hari Ram appellant in Criminal Appeal No. 43 of 1976 was accused of and tried for the offences under S.120-B, 409 read with Ss.109 and 467, I.P.C. by the Sessions Judge, Bilaspur. The learned Sessions Judge vide his judgement recorded on 28-8-1976 acquitted this appellant of the offences under S.120-B as also under S.409 read with S.109, I.P.C. but convicted him for the other offence under S.467, I.P.C. For this conviction Shri Hari Ram appellant was sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 500/- and in default of payment of fine to undergo simple imprisonment for one month.

2. Criminal Appeal No. 43 of 1976 has been filed by Shri Hari Ram convict against the aforesaid order of the Sessions Judge convicting and sentencing him for the offence under S.467, I.P.C. Criminal Appeal No. 11 of 1977 has been preferred by the State against the order of the learned Sessions Judge in so far as it operates to acquit Shri Hari Ram accused for the offences under Ss. 120-B and 409/109, I.P.C. Criminal Appeal No. 12 of 1977 has been filed by the State praying for enhancement of the sentence imposed upon Shri Hari Ram convict for the offence under S.467, I.P.C.

3. Since all these three appeals arise out of the same judgement, they are being disposed of by this common judgement.

4. The main accused of this case was one Pratap Singh who absconded and hence could not be put upon his trial. The case for the prosecution is that Pratap Singh absconder was the Secretary of the District Soldiers Sailors and Airmens Board, Bilaspur (hereinafter referred to as the Board) during the period December 1959 to June 1969. The Deputy Commissioner, Bilaspur was the ex-officio President of the Board. The accused joined this Board as a Peon in 1964 and was still holding this post when he preferred his appeal in this Court. The Board looks after the welfare of the serving, retired killed and disabled Army personnels and their families. The Secretary of the Board is the Chief Officer of the Board and in that capacity he attends to the correspondence with the Board as also maintains the accounts of the Board. He works under the direct control of the Deputy Commissioner.

5. One Shri Prem Lal employed in the Indian Army as a Rifleman was killed in action on Tibet border during the Indo-China war. The Deputy Commissioner, Bilaspur in his capacity as President of the Board moved the State Government in November 1967 for sanction of ex gratia grant of Rs. 2,000/- in favour of Shri Bakshi Ram, the father of deceased Rifleman Prem Lal. The Deputy Commissioner had also moved for similar grants in favour of the dependents of other deceased soldiers. We are, however, not concerned with the other grants recommended by the Deputy Commissioner The ex gratia grant as recommended by the President of the Board in favour of Shri Bakshi Ram was sanctioned by the State Government and such sanction was conveyed by the State Government to the Board vide their letter dated 21-2-1968. In fact the sanction was for an amount of Rs. 4,000/- which included Rs. 2,000/- sanctioned for Shri Bakshi Ram, the father of late Shri Prem Lal. A contingent bill for withdrawal of this sanctioned amount of Rs. 4,000/- was prepared by Pratap Singh Secretary of the Board. The President of the Board endorsed this bill in favour of Pratap Singh Secretary for collecting its payment from the State Bank of India, Bilaspur. On the strength of that endorsement made in his favour, Pratap Singh actually collected the payment of that bill from the State Bank of India, Bilaspur and made an entry in his cash bock showing the receipt of such amount. Pratap Singh then showed disbursement of this amount to Shri Bakshi Ram vide entry in his cash book dated 1-3-1968. In support of this entry of disbursement, Pratap Singh prepared an actual payees receipt which purported to bear the thumb impression of Shri Bakshi Ram. Pratap Singh gave a certificat