JUDGMENT

J.P.DAS. - This common order shall dispose of the aforesaid three revision applications preferred by three petitioners who stood jointly convicted in V.G.R. Case No.18 of 1999 by the learned C.J.M., Balasore.

2. The petitioner namely, Chitta Ranjan Behera and Anup Kumar Das were convicted under Sections 409/420/120-B/471, I.P.C. and so far as the petitioner Lingaraj Sahu is concerned, he was convicted under Sections 420/120-B and 471 of the I.P.C. The petitioners Chittaranjan Behera and Anup Kumar Das were sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,00,000/-, in default, to undergo R.I. of six months each for the offence under Section 409 of the I.P.C., R.I. for three years and to pay a fine of Rs.20,000/-, in default, to further R.I. for three months each for the offence under Section 420 of the I.P.C., R.I. for three months each under Section 471 of the I.P.C. and R.I. for three years and to pay a fine of Rs.3000/-, in default, further R.I. for six months each for the offence under Section 120-B, I.P.C. So far as the petitioner Lingaraj Sahu is concerned, he was awarded with similar sentence like other two petitioners for the offences under Sections 420/471/120-B of the I.P.C.

3. Three separate criminal appeals were preferred by the three petitioners before the learned Second Additional Sessions Judge, Balasore vide Criminal Appeal No.36/50 of 2014-2009 and Criminal Appeal No.40/51 of 2014-2009 and Criminal Appeal No.34/52 of 2015/09. In the said appeals by a common judgment, the learned appellate court set-aside the conviction of the appellants under Section 420 of the I.P.C. and upheld the conviction and sentences of all the three appellants for the offences under Section 409/120-B/471 of the I.P.C. The said judgment of conviction and sentence has been assailed in the present revision applications filed separately by the three petitioners.

4. The Inspector of Police, Vigilance, Baripada getting some information regarding illegality and criminal misappropriation of government funds, made an enquiry. The petitioners namely, Chitta Ranjan Behera and Anup Kumar Das were working as Block Development Officer (B.D.O.) and Junior Engineer (J.E.) respectively under Bahalada Block in Mayurbhanj district during the period of 1995-96 and the other petitioner Lingaraj Sahu was a local contractor. One Satrughana Patra and Kailash Patra of village Brahmanbase were selected as beneficiaries under the Indira Awas Yojana (‘I.A.Y.’ in short) for the year 1995-96 in Bahalada Block. Necessary papers were prepared and estimate of Rs.15,800/- was prepared for construction of the houses for each of the beneficiaries. The required technical sanction was provided by the Block Development Officer on 15.12.1995 and 08.01.1996 who also gave administrative approval to the projects. It was found out that although as per the provisions under the scheme of Indira Awas Yojana, the amount so sanctioned, was to be paid directly to the beneficiaries, still the work order was given in favour of the petitioner Lingaraj Sahu, a local contractor. It was further found out that all the three petitioners hatched a conspiracy and without making any construction of the houses, misappropriated the entire amount of Rs.31,600/- meant for the two beneficiaries by preparing forged documents including M.B. Books and other papers. The Inspector, Vigilance, on completion of such enquiry, lodged an F.I.R. before the Superintendent of Police, Vigilance, Balasore narrating the alleged acts against the present petitioners with a request to register a case on 05.08.1999. Accordingly the Balasore Vigilance P.S.Case No.18 dated 05.08.1999 was registered against the three petitioners under Sections 409/420/34, I.P.C. and the informant-Inspector was entrusted with the investigation. In course of investigation, the witnesses were examined, documents were seized, some spot verifications were made and after completion of inves