Sukh Ram vs State Of H.P

2. Common facts arising out of these criminal appeals are as follows:- During the relevant point of time i.e. 1983-1986, there was a government scheme for providing loans at the cheaper interest rates to poor persons living below the poverty line to enable them to purchase sheeps, buffalos, horses and for running small businesses and for development of land etc. Upon recommendation of the Block Development Officer (BDO), the bank disbursed these loans to the beneficiaries. Appellant-Sukh Ram was a Gram Sewak, Navgaon under Arki Sub-Division during said period, 1983 to 1986.

4. On the basis of the preliminary enquiry, it came to light that PW-5 Nathu Ram, PW-7 Kirpu and PW-8 Garja Ram had loans disbursed to them despite not having applied for the loans. Consequently, a case was registered against the appellant–Sukh Ram, Balbir Singh-Block Development Officer and Arun Kumar Sood, Branch Manager, UCO Bank Darlaghat. During enquiry, it further came to light that disbursement of loans was not actually made to the beneficiaries. An FIR was registered and on completion of the investigation and after obtaining sanction from the government, chargesheet was filed against the appellant–Sukh Ram Gram Sewak, Balbir Singh-Block Development Officer and Arun Kumar Sood, Branch Manager, UCO Bank Darlaghat. Charges were framed against the appellant and the said accused under Sections 409, 467, 468, 471, 120-B and 420 IPC and under Section 13(2) of the Prevention of Corruption Act. During the course of investigation, PW-5 and PW-7 gave their specimen signatures in the presence of the executive magistrate and the same were sent to the handwriting expert for comparison with their disputed signatures in the loan application and other documents. Handwriting expert opined that the signatures in the loan application and other documents did not match the signatures of Nathu Ram, Kirpu and others but only matched the signature of appellant-Sukh Ram.

7. On the charges of criminal conspiracy, High Court accepted the plea made by Balbir Singh (BDO) that he sanctioned the loans because the applications were verified by the appellant. High Court acquitted Balbir Singh (BDO) observing that there was lack of evidence suggesting conspiracy and held that no criminal conspiracy could be made out. The plea of Arun Kumar Sood, Bank Manager, UCO Bank Darlaghat that he released the loan amounts because the loans were sanctioned by Balbir Singh (BDO) and he disbursed the amounts when the loanees were identified before him by the appellant was also accepted by the High Court and Arun Kumar Sood, Bank Manager, UCO Bank Darlaghat was acquitted. The High Court reversed the judgment of acquittal and found the appellant guilty of forging loan applications of PW-5 and PW-7 (Ex.PW5/B and Ex.PW7/A) and other documents and convicted him for the offences punishable under Sections 468 IPC and also for the offence of using said forged applications as genuine punishable under Section 471 IPC. On being convicted, the appellant appeared before the High Court and he was questioned about the sentence and the High Court sentenced the appellant to undergo simple imprisonment for six months and to pay a fine of Rs.10,000/- for each of the offences for he had been convicted. Being aggrieved, the appellant is before us.

24. In the result, all the appeals are dismissed. As directed by the High Court, the sentence of imprisonment imposed on the appellant shall run concurrently. The appellant is on bail and his bail bonds shall stand cancelled. The appellant shall be taken to custody to serve out the remaining sentence.

July 25, 2016