1. Criminal Appeal No. 12/2012 has been filed by one Shri Moti Singh, one of the two convicts, against the conviction and sentence awarded by the learned Additional Sessions Judge, Srinagar, in criminal challan No. 55 arising out of FIR No. 3A/99 CBI for offences punishable under Sections 420, 468 and 471 RPC read with Section 120-B, and, decided on 30.10.2012. The State, too, has filed Criminal Acquittal Appeal bearing No. 07/2013 against the aforesaid judgment and order to the extent the learned trial court has acquitted the convicts under Section 467 RPC and ordered them to be released on probation.

2. It appears that case RC 3(A)99-Jammu was registered on 15.3.1999 on the basis of reliable information, that one Balbir Singh, Assistant of National Insurance Company, Srinagar, (for short NIC) had entered into criminal conspiracy with S/Shri Farooq Nazir Naqauishbandi and Farooq Ahmad Dar, accused No. 1, in furtherance whereof one bogus insurance policy No. 421001/3/104382/5/94-95 was drawn in favour of accused Farooq Ahmad Dar for a three storied residential house situated at Kawdara, Srinagar, which, in fact, did not exist, and a bogus fire claim for Rs. 2,49,616 was fraudulently prepared.

3. During the course of investigation, it was disclosed that Shri Balbir Singh, Shri Zahoor Ahmad, both posted as Assistants and Shri Shaukat Ahmad, posted as Branch Incharge in NIC in the Divisional Office, Srinagar, in the year 1995; and Farooq Nazir Naqashbandi, a private surveyor; Moti Singh an agent, working for the NIC, entered into a criminal conspiracy with one Farooq Ahmad Dar, a private person, in entertaining false/fake fire insurance claim for Rs. 2,49,616 for the house shown situated at Plot number 1135/748 at Kawdara and the said amount of Rs. 2,49,616 was fraudulently and dishonestly paid to convict Farooq Ahmad Dar thereby causing pecuniary advantage to the accused Farooq Ahmad Dar and wrongful loss to the NIC.

4. The prosecution story further was that in furtherance of criminal conspiracy, Farooq Ahmad Dar had submitted a fake fire accident claim supported by fake report from Fire Services, a fake report from Police and a fake land ownership certificate of the house in question. The claim was processed on the strength of fake documents. It was also alleged that claim intimation letter in duplicate was written by Moti Singh in his hand and he had forged and signed it as Farooq Ahmad Dar. It was alleged that Zahoor Ahmad Mir, Assistant NIC had facilitated the processing of fake fire claim in connivance with Shaukat Ahmad, Branch Incharge, NIC; Balbir Singh, Assistant NIC, Srinagar; Farooq Ahmad Dar, alleged insured and Moti Singh, agent of NIC. It was further the case of the prosecution that in the divisional office fake ownership certificate was processed and the note sheet at serial number 29 and 30 of the claim file of Farooq Ahmad Dar was prepared while, in fact, the building did not exist at all. The policy number was shown as a naval policy number 421001/310115/92 with overwriting 93; whereas the number of eligible policy for 21001/310115/92/93 was not in the name of Farooq Ahmad Dar.

5. During investigation all relevant documents were collected and statements of witnesses were recorded. The specimen signatures and writings of the accused were taken and forwarded to GE QD Simla for handwriting expert opinion. Sanction to prosecute was obtained against accused Balbir Singh, Shaukat Ahmad, Zahoor Ahmad from the competent authority and challan against the accused was produced before Special Judge, Anticorruption, Srinagar.

6. The Special Judge, Anticorruption, Srinagar, finding no involvement of the NIC Officials in commission of the offences set out in the charge sheet, discharged accused Balbir Singh, Shaukat Ahmad and Zahoor Ahmad Mir. The other two accused being private persons and not coming within the purview of the definition of public servants, the Special Judge, Anticorruption sent the case file to the court of Chief

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