Chiranji Singh vs State of U.P.

M.C. Jain, J.—In all these appeals, the parties are common and the subject matter is identical. Therefore, they are being decided simultaneously by this judgment. Only the accused Chiranji Singh, who is Appellant in all the represented appeals as mentioned in the titles aforesaid, has been convicted. The remaining accused Respondents Government Appeals have been acquitted excepting that Government Appeal No. 2171 of 1979 has been filed by the State against Chiranji Singh for enhancement of sentence relating to Special Case No. 3 of 1974.

The punishments awarded to Chiranji Singh in Special Case No. 3 of 1974, 2 of 1974 and 3 of 1977 are detailed below:

Special Case No. Appeal No. Sections Punishment awarded to Chiranji Singh

3 of 1974 1395 of 1979 218, I.P.C. 1-1/2 years R.I.

477A, I.P.C. 3 years R.I.

467, I.P.C. 3 years R.I.

467, I.P.C. read with Section 109, I.P.C. 3 years R.I.

468, I.P.C. 2 years R.I.

420, I.P.C. 3 years R.I.

5 (2) Prevention of Corruption Act 3 years R.I. with a fine of Rs. 16,000 and in default of payment of fine further R.I. for one year.

All the sentences of imprisonment were ordered to run concurrently.

2 of 1974 1397 of 1979 218, I.P.C. 1-1/2 years R.I.

477A, I.P.C. 3 years R.I.

467, I.P.C. 3 years R.I.

467, I.P.C. read with Section 109, I.P.C. 3 years R.I.

468, I.P.C. 2 years R.I.

420, I.P.C. 3 years R.I.

5 (2) Prevention of Corruption Act 3 years R.I. and a fine of Rs. 8,000 and in default of payment of fine further R.I. for six months.

All the sentences of imprisonment were ordered to run concurrently.

2 of 77 1396 of 1979 218, I.P.C. 1-1/2 years R.I.

477A, I.P.C. 3 years R.I.

467, I.P.C. read with Section 109, I.P.C. 3 years R.I.

468, I.P.C. 2 years R.I.

420, I.P.C. 3 years R.I.

5 (2) Prevention of Corruption Act 3 years R.I. and a fine of Rs. 4,000 in default of payment of fine further R.I. for three months.

3 of 77 1398 of 1979 218, I.P.C. 1-1/2 years R.I.

477A, I.P.C. 3 years R.I.

467, I.P.C. read with Section 109, I.P.C. 3 years R.I.

468, I.P.C. 2 years R.I.

420, I.P.C. 3 years R.I.

5 (2) Prevention of Corruption Act 3 years R.I. and a fine of Rs. 12,000 and in default of payment of fine, further R.I. for nine months.

All the sentences of imprisonment were ordered to run concurrently.

The sum and substance of the matter is that there are allegations of fraud, malpractice as also of criminal conspiracy (culminating in embezzlement of public money) in supply of petrol/diesel by M/s. Diesel Engineering Company Ltd. and M/s. Mahalaxmi Motors to the police department. There was fabrication of records, stock book etc. and issuance of fake coupons by the accused-Appellant Chiranji Singh for the supply of petrol/diesel. The supply of diesel and petrol related to the period between 1.4.1967 and 31.3.1970. The records maintained in this regard did not depict the correct picture and over 400 entries were allegedly made in the records of police department which were fake.

Raj Kumar Singh was posted as R.I. in Police Lines, Rampur, consisting of several departments including the department of motor transport. His duty was to maintain the stock register regarding daily issue of petrol/diesel. The convicted accused Chiranji Singh was Head Constable, Motor Transport Section. Ram Chandra Gupta and Suresh Chandra Gupta were the partners of M/s. Diesel Engineering Company Ltd., Rampur (supplier). Amrik Singh, Ratan Singh, O. N. Sharma and Nirankar Saran were the partners of M/s. Mahalaxmi Motors (another supplier). There was allegedly conspiracy amongst all of them to cheat the Government with the preparation of fake vouchers for supply of petrol/diesel and fraudulently obtaining payment of the bills. The amount involved was allegedly to the tune of Rs. 55,621.57 p., which came to light for the first time concerning the period 1.4.1967 to 31.3.1970. Though fuel was not at all supplied, yet on the basis of preparation of incorrect record and fake coupons, the payment was obtained from the police department. The persons involved were allegedly Chiranji Singh, Head Constable, Motor Transport and Raj Kumar Singh R.I. It was the duty of R.I. and Head Constable, Motor Transport to go to the petrol pump and to get the fuel supplied to particular vehicles after delivery of both the parts of the coupons at the petrol pump. The dealers used to prepare daily credit memos on the basis of the entries made in the coupon and consolidated monthly bill was sent to the Police Lines, Rampur along with one of the two parts of the coupons. On the monthly bill, the R.I. used to give a certificate and forward the bill to S.P., Rampur for sanction. On the strength of the aforesaid certificate of the R.I. and after checking the rate and total amount, orders for payment were being passed by the S.P. or the officer authorised in this behalf. Thereafter, the amount was being paid to the dealer through Police Lines, Rampur. The receipt of the payment acknowledged by the dealer was subsequently sent to the Police Lines, Rampur for record.

Fraud came to light when Sri Shanti Swarup Sharma, Deputy Superintendent of Police, on checking of the work of Motor Transport Section on the direction of the then S.P., Rampur, detected such false entries of supplying fuel during the months of January, February and March, 1970. The amounts involved in the special cases were as under:

Case No. Amount involved

Special Case No. 3 of 1974 Rs. 55,621.97 p.

Special Case No. 2 of 1977 Rs. 14,990.61 p.

Special Case No. 2 of 1974 Rs. 26,555.18 p.

Special Case No. 3 of 1977 Rs. 30,485.75 p.

Four separate cases came to be registered and tried in which judgments were recorded as above. A number of prosecution witnesses were examined in support of the prosecution. Documentary evidence is also there. Partners/proprietors of petrol pumps concerned denied any conspiracy on their part.

Convicted accused Chiranji Singh is in jail with no pairokar. Sri Vinod Prasad, advocate was appointed amicus curiae to argue out the appeals on his behalf. From the side of the State, learned A.G.A. was heard. Sri Akhilesh Singh advanced arguments on behalf of Respondent Raj Kumar and Sri K. K. Arora for other Respondents, namely, Suresh Chand, Ramesh Chand, Amrik Singh, Ratan Singh, O. N. Sharma and Nirankar Sharma. We have also perused the record carefully.

We note that the practice prevailing at the Police Lines, Rampur, for supply of fuel to the vehicles was almost admitted to the accused Raj Kumar Singh and Chiranji Singh and that prevailing at the concerned petrol pumps was admitted to the other accused-proprietors/partners of the petrol pumps. The accused Chiranji Singh admitted that he used to maintain stock book and to make entries therein but he tried to shift the responsibility on Raj Kumar Singh, saying that he used to check the same. It was Raj Kumar Singh who had entrusted the duty of maintaining the register to him. Consequently, he admitted having made all the entries in question. Raj Kumar Singh admitted his signatures on the stock book at the end of each month but he denied knowledge of fictitious entries, if any, made by Chiranji Singh.

The evidence shows that in some of the entries, fuel has been shown to have been supplied to the vehicles which did not exist at all. Further, some of the vehicles to which the fuel has been shown to have been supplied on a particular date, remained at the Headquarter. They did not ply on the relevant dates on which the fuel was shown to have been supplied. In some of the cases, there were no drivers of the names to whom the fuel was shown to have been supplied and in some cases, fuel was shown to have been supplied on such dates on which the particular vehicles were on duty at some other distant place (s).

It was proved to the hilt that fake coupons were prepared by Chiranji Singh accused and false entries were made in the stock book, showing issue of oil to the vehicles. He was the main architect of the whole game. After close scrutiny of the entire evidence, we are in agreement with the learned trial Judge who has prepared elaborate judgments touching every relevant aspect of the case and documentary evidence including the number of vehicles in respect of which fake entries of supply of petrol/diesel were made, issuing fake coupons. Despite pointed inquiry, learned amicus curiae could not point out any flaw in the findings of the lower court holding Chiranji Singh to be guilty of the offences for which he has been convicted and punished.

So far as Raj Kumar Singh (acquitted accused) is concerned, no doubt, he was the officer-in-charge of Police Lines which consisted of several departments including the department of Motor Transport, but it is proved and admitted that this work (concerning supply of fuel to motor vehicles) was entrusted to Head Constable, Motor Transport, namely, Chiranji Singh. Consequently, it was Chiranji Singh who used to fill in and issue coupons to the drivers of the vehicles. He used to maintain the stock book and mostly used to go to the petrol pump for getting supply of oil to the vehicles. After the monthly bills of the petrol dealers were received in the Police Lines, it was the duty of R.I. to get the entries compared with the stock register and verify the correctness of the same through a certificate in the words "Received correct and entered in the stock book at page...." A rubber stamp of the above certificate was being put and Raj Kumar used to put his signature thereon. As the quantity of diesel and petrol mentioned in the monthly bill(s) tallied with those mentioned in the stock book at the end of each month, Raj Kumar Singh used to sign the certificate under bona fide belief that the entries had correctly been made by Chiranji Singh. No circumstance could be brought on record which could have raised suspicion in the mind of Raj Kumar Singh that Chiranji Singh who was practically overall in charge of the Motor Transport Department, not only during his (Raj Kumar Singh''s) period but from before he took charge as R.I. on 24.10.1968, was bungling in the matter and was issuing fake coupons and making false entries in the stock book. In the absence of any such circumstances, it should be presumed that he was signing the certificate under the bona fide belief that the entries had correctly been made in the stock register, which in their turn, were based on genuine coupons. Therefore, his acquittal is justified.

So far as the partners/ proprietors of the petrol pumps, namely, Suresh Chand, Ramesh Chand, Amrik Singh, Ratan Singh, O. N. Sharma and Nirankar Saran alias Neeru Respondents in Government appeals are concerned, there is no direct evidence to prove the charge of conspiracy against them. True, it is ordinarily difficult to get direct evidence of conspiracy between two persons and it is to be gathered from the circumstances brought on record. At the same time, it is equally settled position of law that for proving by circumstantial evidence, circumstances must be of conclusive nature and from such a complete chain that they are not only consistent with the guilt of the accused but are totally inconsistent with his innocence. The prosecution mainly relied on this circumstance that no oil was supplied to the vehicles in respect of fake coupons that were prepared and passed on to the dealers (fictitiously showing the supply of fuel) and they (dealers) claimed full payment of the price of the fuel shown to have been supplied on such fake coupons. Though the circumstance raises a strong suspicion against them, but it cannot take the place of proof to form the basis of conviction. It is there in the evidence of the prosecution that there was no rule, oral or in writing, that every time vehicle should go to the petrol pump in order to obtain supply of fuel. Neither the driver was identified nor his signatures were verified before giving supply of fuel to him. The supplies were made only on the production of coupons duly signed by the driver to the attendant at the petrol pump and the counterfoil with the coupon was kept at the petrol pump. It is also there in the prosecution evidence that on production of coupons, the dealer of petrol pump was supposed to issue the fuel irrespective of vehicles physically brought or not. On the basis of evidence adduced by the prosecution, criminal conspiracy between the proprietors/partners of the petrol pump and police personnel could not be deemed to be established.

On thoroughly examining the evidence on record and the findings recorded by the learned trial court in the four special cases in question, we find that the conclusion of acquittal arrived at in respect of the Appellants other than Chiranji Singh is justified and reasonable. There is neither any perversity nor misreading of evidence warranting interference in the acquittal part of the judgments.

In nutshell, what was proved on the record was that Chiranji Singh had issued certain fake coupons, obtained supply of diesel and petrol from the petrol pumps and cheated the Government. He was the person liable for the offences for which he has been convicted.

Learned A.G.A. argued for enhancement of punishment awarded to Chiranji Singh in Special Case No. 3 of 1974 for which Government Appeal No. 2171 of 1979 has been filed. On the other hand, the amicus curiae Sri Vinod Prasad who, despite pointed query, could not successfully assail the finding of guilt arrived at by the trial court, urged for leniency and reduction of his sentence. We have given our anxious consideration to this aspect of the matter. The impugned judgments were pronounced by the court below more than 25 years back on 31.3.1979. He was around 60 years of age when the judgments were pronounced. Investigation and trial of the case took about 9 years. We have scrutinized the record and find that he is in jail in these appeals since 20.5.2003, consequent upon the cancellation of his bail, i.e., for more than a year. Earlier, he remained in jail for brief spells (from 24.4.1979 to 30.4.1979 and 15.10.1999 to 4.11.1999) during the pendency of the appeal. He must be nearly 85 years of age now. No doubt, he misused his office as public servant to make money and to cheat the Government causing financial loss but we do not think it appropriate to enhance his sentence. He is in the evening of his life being an old man of about 85 years. Rather, the ends of justice would be met by modifying his substantial sentences in the four appeals to the period of imprisonment already undergone by him with the amount of fine imposed in each case. In addition to the substantive period of imprisonment already undergone by him, he would be required to undergo further rigorous imprisonment in default of payment of fine as ordered in each case.

We finally order as under:

Government Appeal Nos. 2170 of 1979, 2171 of 1979, 2163 of 1979, 2278 of 1979 and 2099 of 1979 are dismissed.

Criminal Appeal Nos. 1395 of 1979, 1396 of 1979, 1397 of 1979 and 1399 of 1979, all filed by Chiranji Singh are partly allowed. His conviction in Special Case Nos. 3 of 1974, 2 of 1974, 2 of 1977 and 3 of 1977 is maintained. However, the substantive sentences of imprisonment awarded to him for various offences are converted to the period of imprisonment already undergone by him with sentences of fine. The amount of fine in each special case shall be deposited by him. In case he does not pay the fine, he shall undergo further rigorous imprisonment separately in each case as awarded by the learned trial court.

Sri Vinod Prasad, advocate who argued the appeals for the Appellant Chiranji Singh as amicus curiae shall get Rs. 1,000 as fee.

The judgment be certified to the lower court and compliance be reported to this Court within two months from the date of receipt of a copy of this order along with the record which shall be sent to the court below forthwith.