Point of law: conviction for the offences of forgery cannot be based only the ground that the accused appellant is a beneficiary of the forgery

JUDGMENT :

Rang Nath Pandey, J.

1. Since common questions of facts are involved in the appeals, therefore, all the appeals have been heard together and are being decided by this common judgment.

2. Heard Sri P.K. Rai, learned Counsel for the appellants appearing on behalf of the appellants-Indresh Prasad Yadav, Mayank Tripathi, Rakesh Kumar and Narain Singh as well as Sri S.B. Pandey, learned Assistant, Solicitor General of India appearing on behalf of the respondent.

3. This Criminal Appeal under Section 374(2), Cr.P.C. has been filed against the judgment and order dated 20.08.2013 passed by learned Special Judge, Prevention of Corruption, C.B.I. (west), Lucknow in Criminal Case No. 20 of 1999 (C.B.I. v. Mayank Tripathi and others), arising out of R.C. No. 14, 15(A), 16(A), 17(A), 18(A)/98/C.B.I./Lucknow, under Sections 120-B/420, 467, 468 and 471 of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, whereby the appellants, namely, Indresh Prasad Yadav, Mayank Tripathi, Rakesh Kumar and Narain Singh have been convicted and sentenced as under:-

(i) Under Section 120, I.P.C. read with Section 420 I.P.C.- Rigorous imprisonment for a period of four years along with fine of Rs. 5,000/-, with default stipulation.

(ii) Under Section 120, I.P.C. read with Section 467 I.P.C.- Rigorous imprisonment for a period of six years along with fine of Rs. 15,000/-, with default stipulation.

(iii) Under Section 120, I.P.C. read with Section 468 I.P.C. - Rigorous imprisonment for a period of four years along with fine of Rs. 10,000/-, with default stipulation.

(iv) Under Section 120, I.P.C. read with Section 471, I.P.C.- Rigorous imprisonment for a period of two years along with fine of Rs. 1,000/-, with default stipulation.

4. The factual matrix of the present case is that five First Information Reports i.e. R.C. No. 14, 15-A, 16-A, 17-A, 18-A/98/C.B.I./Lko, were registered against the accused-appellants in aforementioned sections in which it was alleged that the appellants in collusion with some unknown persons get prepared the fake transfer orders, service book and personal papers showing to have been dispatched from the office of Divisional Personnel Officer, Siyaldah, whereby the appellants were transferred from Siyaldah to Locomotive Workshop, Northern Railway, Charbagh, Lucknow on the post of Khalasi and on the basis of said transfer order to join at Lucknow, whereas they were never been appointed in Eastern Railway Siyaldah. It is also alleged that on the basis of the forged and bogus documents they joined at Lucknow by committing fraud and forgery.

5. The Central Bureau of Investigation conducted an enquiry in the matter and after completing the same filed the charge sheet on 14.09.1999 against the appellants along with one Prabhu Nath Rai, Raj Karan Tiwari and Bhupendra Nath, O.S. II (E) II (W) Section G.M. (Personnel) Office of Northern Railway, Headquarter, Baroda House, New Delhi. Raj Karan Tiwari s/o. Sita Ram Tiwari, Khalasi, posted at Loco Workshop, Charbagh, Lucknow, in collusion with Bhupendra Nath conspired with each other and by misusing their post and by committing fraud and forgery prepared transfer orders and thereby caused financial loss to the railway department. It is further alleged that appellants were also included in the conspiracy of Bhupendra Nath and Raj Karan Tiwari. In the charge sheet, it was further alleged that Bhupendra Nath and Raj Karan Tiwari conspired with each other and manipulated the forwarding of papers showing the transfers of the appellants from the Easter Railways to Northern Railways, Lucknow, showing that the appellants were employed in the office of Yard Superintendent, Siyaldah.

6. It is also mentioned in the charge sheet that Raj Karan Tiwari had prepared the service book and the papers including spare letters in his own handwriting and the appellants joined at Lucknow on the basis of said spare letters.

7. On the basis of the charge-sheet, the cogn