Vinod Kumar vs The State Of Jharkhand on 7 July, 2026

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    Jharkhand High Court

    Vinod Kumar vs The State Of Jharkhand on 7 July, 2026

    Author: Sujit Narayan Prasad

    Bench: Sujit Narayan Prasad

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         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Revision No.196 of 2022
                                     ------
    Vinod Kumar, male, aged about 66 years, son of Late Fudena Rai,
    resident of Village & P.S. Agresh, District-Rohtas, a former Junior
    Engineer, Public Works Department, Government of Jharkhand
                 ....         .....      Accused-Respondent-Petitioner
                                  Versus
    1. The State of Jharkhand
    2. Shambhu Nath Singh (Shiv Sena District Head) S/o Late Lalta
       Prasad Singh resident of Sector Road, P.O & P.S Gumla District,
       Gumla.        ....    .... Informant-Appellant-Opposite Parties
                                   With
                        Cr. Revision No.227 of 2022
                                     ------
         Rasbihari Prasad Singh, aged about 66 years, Son of-Hardeo
         Prasad Singh, the then Assistant Engineer Rural Engineering
         Organization Branch, Work Division, Gumla, presently residing at
         H. No.5, Rani Kothi, Bhabha Colony, Hanuman Nagar,
         Lohianagar, P.O. & P.S.-Kankarbagh, Sampatchak, District-Patna-
         800020, Bihar              .... ....                    Petitioner
                                   Versus
         The State of Jharkhand     ....       ....           Opposite Party
    CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
       HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
                            ------
            For the Petitioners    : Mr. Jitendra Shankar Singh, Advocate
                                     Mrs. Shabina Perween, Advocate
                                     Ms. Sumitra Kumari, Advocate
                                     Mr. Abhijeet Kumar Singh, Advocate
                                     Mr. Shashank Kumar, Advocate
                                          (In both the revisions)
            For the O.P./State     : Mrs. Priya Shrestha, Spl. P.P.
                                          (In both the revisions)
                                   ------
    
    C.A.V. on 15.06.2026                      Pronounced on 07/07/2026
    
    Per Sujit Narayan Prasad, J.
    

    Prayer

    1. Since both the revision petitions arising out of common

    SPONSORED

    order/judgment dated 28.02.2022 passed by District &

    Additional Sessions Judge-IV, Gumla in Criminal Appeal No.
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    103 of 2013, as such, with the consent of learned counsel for

    the parties, these cases are being taken up together and are

    being disposed of by this common order/judgment.

    2. Both these revisions, preferred under Section 397 read with

    Section 401 Cr.P.C., are directed against the common

    order/judgment dated 28.02.2022 passed in Criminal Appeal

    No.103 of 2013 by the learned District and Addl. Sessions

    Judge-IV, Gumla, whereby and whereunder, the learned court

    has set aside the judgment/order of acquittal dated 28th June,

    2013 passed by the CJM, Gumla, by which, the petitioners

    have been acquitted from all the charges arising out of Gumla

    P.S. Case No.100 of 2000.

    Prosecution case

    3. Inasmuch as both the Criminal Revisions involve analogous

    issues, it is considered expedient, for the sake of convenience,

    to set forth the prosecution case hereinbelow, so as to avoid

    repetition.

    4. The prosecution case and the factual aspect, in brief, are as

    follows: –

    (i) The prosecution case is based upon the Complaint Case

    No.63/2000 filed by one Sambhunath Singh, the complainant of

    the case, wherein, it was alleged that Government scheme was

    to be executed in the form of Road Construction from Basia B.T.

    to Juratoli in the year 1998-99 with an estimated cost of Rs.

    9,92,000/- and second scheme was also to be executed from
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    Juratoli to Tapkara river in the year 1998-99 with an estimated

    cost of Rs. 9,60,700/- and both the schemes were sanctioned on

    24.03.1999, for which, all together total Rs. 16,00,000/- was

    released through cheque by Deputy Commissioner Gumla to

    Executive Engineer R.E.O. Gumla.

    (ii) It was further alleged that on 22.11.1999, a review meeting

    was called in Zila Parishad, Gumla under the Chairman, Suresh

    Paswan and in that review, the expenditure of Rs. 2,75,000/- as

    shown for the “Kalikaran Yojna” from Juratoli to Tapkara road was

    found unsatisfactory and the Executive Engineer was further

    directed to complete the work by 31.12.1999. In the “Kalikaran

    Yojna” from Basia B.T. to Juratoli road, report as to constructions

    status of Mitti murram at the expenditure of Rs.3,00,000/- was

    submitted by the Executive Engineer to the Deputy

    Commissioner Gumla which was alleged to be fake. It was also

    alleged in the complaint petition that during April 1999 in the

    above scheme an expense towards Guard walls and the Small

    Bridge for Rs.2,14,587.17/- were drawn which is false and which

    is evident from the progress report under the scheme in the

    month of September submitted by the then Executive Engineer.

    (iii) All the above fake payments were cleared vide clearance

    receipt No. 01 to 22 and 93 to 116 as have been mentioned in

    measurement book no. 1230 and 1231.

    (iv) It was also alleged that the Royalty deductions under the

    Scheme in Pramanak No. 93 to 116 for Rs. 10795/- and in the

    Pramanak No. 122 for Rs. 24440/- totaling for an amount of
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    Rs.33,225/- was not deposited with the Mining Department

    through Challans till date. Also, the Income Tax deducted in

    Pramanak No. 1 to 22 for Rs. 3872/- and in Pramanak No. 93 to

    105 for Rs. 2975/- total Rs.6847/- were not deposited in the

    Income Tax Department.

    (v) Similarly, the deducted amount of Rs. 3168/ and Rs. 9882/-

    total Rs. 5,130/- of sale tax was also not deposited in the

    commercial tax department, despite the fact that the above

    deduction of Royalty, income tax, sale tax was done before April

    1999. Similarly, it is further alleged that the then Assistant

    Engineer Ras Bihari Singh had handed over Rs. 2,00,000/-

    through hand receipt no. 40 on 09/04/1999 and Rs.1,90,000/-

    through hand receipt no. 41 on 10/04/1999 to one Vinod Kumar,

    the then Junior Engineer, Basia section. Hence, total

    Rs.3,90,000/- was given to the then Junior Engineer Vinod Kumar

    against which no work has been done by him and the same has

    been received and misappropriated on the basis of fake

    expenditure report/adjustment bills to the concerned department.

    (vi) The further case of prosecution is that the total amount

    under the above schemes of Rs. 16,00,000/- was received by the

    then Assistant Engineer Ras Bihari Singh, Executive engineer

    Vidya Sagar Chaudhary and J.E. Vinod Kumar from Deputy

    Commissioner, Gumla but the same had not been utilized

    properly. It was further alleged that in the meantime, Assistant

    Engineer Ras Bihari Singh was transferred from R.E.O, Gumla to

    NREP, Lohardaga but he had not given charge to his successor.

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    Thereafter, the successor Assistant Engineer had assumed

    charge of the post of Assistant Engineer, R.E.O Gumla. In this

    regard, the complainant had given a letter to Deputy

    Commissioner, Gumla and copies of which were also forwarded

    to Commissioner and secretary Gramin Vikas Vibhag Bihar

    Government Patna, Engineer-in-chief cum Additional

    Commissioner-cum- Special secretory Gramin Vikas Vibhag

    Patna, Commissioner South Chhota Nagpur Division Ranchi,

    DDC Gumla, Executive Engineer, Work Division, Gumla and

    Assistant Engineer, Work Division, Gumla vide his personal letter

    no.335-38/99 dated 14/09/1999 but no action was taken till date.

    (vii) Thereafter, several letters were written to various

    authorities regarding the matter but no action was taken so far.

    Subsequently, another letter was written to D.C. Gumla, D.D.C,

    Gumla with copies to Commissioner and secretary Gramin Vikas

    Vibhag Bihar Government Patna, Accountant General, A&E,

    Ranchi and Executive Engineer, Work Division, Gumla vide letter

    no. 460/1999 dated 11.12.1999 but no action was taken against

    the accused persons. Similar letters were also written to the

    Authorities vide letter no. 7-9/2000 dated 10.01.2000 and letter

    no. 304-8/2000 dated 23.03.2000 but in vain, no action was taken

    by the Authorities despite repeated complaint letters. Prima facie,

    it appears from the site that no work was done by the accused

    persons and they have misappropriated Rs. 16,00,000/- by the

    above-named accused persons in the name of constructions of
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    the road, rather they had converted the same to their own use in

    illegal way.

    (viii) After finding merit in the Complaint petition and on the

    basis of it, the said complaint petition was sent by the learned

    CJM Gumla U/s 156 (3) Cr.P.C. to Gumla P.S. for lodging of F.I.R

    and investigation.

    (ix) Thereafter, Gumla P.S. case no. 100/2000 was registered

    U/s 406, 409, r/w u/s 34 I.P.C. against aforesaid accused persons

    (petitioner/revisionist herein namely Vinod Kumar, the then Junior

    Engineer, Vidya Sagar Chaudhary, the then Executive Engineer

    and Ras Bihari Singh the then Assistant Engineer, all posted in

    R.E.O Works Division, Gumla and after completion of

    investigation, the I.O. concerned submitted the Chargesheet

    against them U/s 406, 409 r/w 34 I.P.C. before the learned CJM

    Gumla.

    (x) On consideration of Chargesheet and Case Diary so

    submitted by the investigating officer, the learned CJM Gumla

    took cognizance of the offence U/s 406, 409 r/w 34 I.P.C and on

    appearance of the accused persons before the Court of Chief

    Judicial Magistrate, Gumla, Police Papers were supplied to them.

    (xi) Thereafter, the case record after routing through various

    courts was made over to the learned court of CJM, Gumla for trial

    and disposal. Thereafter, after hearing on the points of charge,

    charges of offences u/s 406, 409 r/w 34 I.P.C were framed on

    14.05.2008 and the same was read over and explained to the

    accused persons (petitioners/revisionist herein) in Hindi to which
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    they pleaded not guilty and claimed to be tried and thereafter the

    learned CJM court conducted the trial of the case and finally

    disposed of the case by passing the Judgment and order of

    acquittal, against which, the State has preferred the Criminal

    Appeal being Cr. Appeal No.103 of 2013, which was allowed by

    passing the order of conviction against the present

    petitioners/revisionist for the offence under Section 409 read with

    Section 34 of the IPC and sentenced them to undergo R.I. for the

    period of 10 years along with fine of Rs.2,00,000/- each and in

    default of payment of fine, they were directed to undergo further

    S.I. for 36 months.

    (xii) Being aggrieved with the aforesaid order/judgment passed

    by learned District and Addl. Sessions Judge-IV, Gumla in Cr.

    Appeal No.103 of 2013, the present revision petitions have been

    filed.

    Submission of the learned counsel for the petitioners

    5. It has been contended that the learned appellate court has not

    appreciated the fact that the informant (P.W.4) alone had proved

    only the signature and writing on all the documents marked as

    exhibits but, in his cross-examination, he has stated at

    paragraph-31 to 33 that none of the exhibited documents were

    either prepared in his presence or the signatures thereon were

    put in his presence.

    6. It has also been contended that the official document as has

    been produced by the O.P. No.2, who has been examined as

    P.W.4, has to explain as to how he came in the possession of
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    those official documents, though, he is the political leader and he

    had nothing to do with the office and taking into consideration

    those documents, which has been produced by the complainant

    in the case, the order of acquittal passed by the learned CJM has

    been converted into conviction by the learned appellate Court.

    7. It has been submitted that aforesaid documents were not the

    public documents, i.e. the measurement books and the judgment

    as has been passed by the learned appellate court was based

    upon the document which has been produced by P.W.4, the

    complainant.

    8. However, this vital aspect has not been duly appreciated by the

    learned Appellate Court. Consequently, the order passed by the

    learned Appellate Court cannot be sustained in law and is liable

    to be quashed and set aside.

    9. It has further been contended that nothing has come in course of

    investigation, therefore, the petitioners have been acquitted in the

    present case by the learned trial Court.

    Submission of the learned counsel for the State

    10. Learned Spl. P.P. appearing for the State has submitted that the

    Ld. trial court could not consider and appreciate properly the

    evidences adduced by the prosecution witnesses examined

    specially that of the informant.

    11. It has been contended that the Ld. trial court could not consider

    the position of the government schemes in question at the time of

    lodging of the FIR and that of the inspection report submitted

    (Ext. 8) as the work done at the worksite at the time of the lodging
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    of the FIR was Zero and it was only then (after lodging of the FIR)

    that some work was started at the worksite and even at the time

    of inspection by the Executive Engineers, the work was not in

    consonance with the released total amount which is evident from

    the inspection report (Ext. 8) itself which shows a total

    expenditure to the tune of Rs. 11,05,544/-out of the total released

    amount of Rs. 16,00,000/-.

    12. However, the learned Spl. P.P. appearing for the State has

    defended the order passed by the learned appellate court but she

    is fair enough to admit the fact as has been stated by the learned

    counsel for the petitioner/revisionist that documents produced

    before the Trial Court by P.W.4 were mere photocopies and,

    secondly, they did not constitute public documents.

    Analysis

    13. Heard learned counsel for the petitioners/revisionists as well as

    learned Spl. Public Prosecutor appearing for the State. This Court

    has also perused the materials available on record, together with

    the order dated 28.06.2013 passed by the learned Trial Court and

    the order dated 28.02.2022 passed by the learned Appellate

    Court.

    14. It is evident from record that prosecution in order to prove its case

    has examined four witnesses namely PW-1 Subodh Kumar

    Jaiswal; PW-2 Naveen Kumar Jha; PW-3 Sitaram Mandal and

    PW-4 Shambhu Nath Singh.

    15. For ready reference the relevant part of the testimony of

    prosecution witnesses are being referred herein.

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    16. PW-1 Subodh Kumar Jaisawal has deposed in his examination

    in chief that he was posted as Officer-in- Charge of Gumla Police

    Station on 24- 08-2001 and on that day, he received Investigation

    works of this case from the then O/C P.C. Roy and thereafter he

    assigned investigation work of this case to subsequent O/c

    Shivnath Prasad. In his cross-examination by defense, he stated

    that he had not done any investigation in this case.

    17. PW-2 Navin Kumar Jha who was Divisional Accounts Officer

    deposed that the accused of this case Rasbihari Singh who is at

    present Executive Engineer was then posted as Assistant

    Engineer and during his tenure only he got transferred to NREP

    Lohardagga. During the tenure of Rasbihari Singh, there were

    two works, being carried away but he cannot state the whole

    details of the works. He further stated that he does not know

    whether any advance amount was given to Rasbihari Singh or

    not? During his tenure only, a new Assistant Engineer joined and

    took the charge but he was not given charge of cashbook by

    Rasbihari Singh. He also stated that the Office is inspected in

    each financial year by the Officials of Accountant General and if

    there is any irregularity found by them, superior officer is

    informed. Correspondences related to non-submission of

    cashbook was made to Rashbihari Singh and he was directed to

    submit it. He was also warned to submit cashbook otherwise

    superior officers would be informed accordingly. During his

    tenure, charge of cashbook was not given.

    In his cross-examination by the defense, he stated that he
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    cannot tell whether any work was assigned to Rasbihari Singh or

    not. Handing over & taking over of the charge does not amount to

    embezzlement. Correspondences were made by the office of

    Executive Engineer and he is not related with those

    correspondences.

    18. PW-3 Sita Ram Mondal in his examination in chief deposed that

    He was posted as Head Clerk in Rural Engineering Corporation

    from 1981 to 31-07-2007 and was placed in the Office of

    Executive Engineer REO, Karya Pramandal, Gumla. He knows

    the accused persons Vidya Sagar Choudhary, Rasbihari Singh &

    Vinod Kumar. Vidya Sagar Choudhary was posted as Executive

    Engineer in the year 1998- 99; Rashbihari Singh was posted as

    Assistant Engineer in Gumla Awar Pramandal in the year 1998-

    99; Vinod Kumar was posted as Junior Engineer Basia Section of

    REO, Gumla Pramandal in the year 1998-99.

    He further stated that an estimate of any scheme is prepared

    after it gets sanction/approval and its technical approval is

    obtained from the Executive Engineer and thereafter getting its

    approval from Executive Engineer, the estimate of same is sent to

    office of the Deputy Commissioner who issues amount for the

    scheme. After receiving Estimate, the technical officers who are

    related to the scheme such as Junior Engineer, Assistant

    Engineer starts works and submit its progress reports to

    Executive Engineer which is sent subsequently to the Deputy

    Commissioner to apprise him about the progress of the work.

    Estimated amount of the works is released in installments on the
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    basis of progress report of the works. The actual amount of

    expenditure incurred in the works is submitted by Assistant

    Engineer through Account Statements. Account Section also

    submits Royalty, Sale Taxes etc along with Account Statements.

    He was aware of the current scheme going on. The works of Jura

    Toli to Tapkara & Basia BT to Jura Toli were going on in the year

    1998-99 but he was not aware of what works were going on and

    the progress of the works. He was not aware of total estimated

    amount of both the schemes.

    At this stage of proceedings, this witness was declared hostile

    at the request of the Prosecution and he was permitted to cross-

    examine the witness. In his cross-examination by the

    prosecution, this witness stated and denied suggestion of the

    prosecution that he had given statement to the police wherein he

    stated that there were works of roads constructions of 1.86 KM

    from Jura Toli to Tapkara & 1.57 KM from Basia BT to Jura Toli.

    And the amount of Rs. Eight lacs (800000/-) related to Road

    construction of Basia BT to Jura Toli was obtained in Kalicharan

    Yojana and it was shown updated expenditure as 4.50 lacs and

    was shown complete road construction of grade- 1 of one (1) KM

    & it was also shown supply of other items whereas the amount of

    Rs. Eight lacs (800000/-) related to Road construction of Jura Toli

    to Tapkara was obtained in Kalicharan Yojana and it was shown

    updated expenditure as 4.50 lacs and was further shown as

    Grade-I supply being done and Morrum works has been shown

    complete. Progress report of the work is sent through him and no
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    file in this regard is used. He further denied suggestion of the

    prosecution that since the accused persons are officials of their

    department that is why he is concealing true facts and he has full

    information about the scheme.

    In his cross-examination by the defense, he stated that the

    parent department of Assistant Engineer Ras Bihari Singh,

    Executive Engineer Vidya Sagar Chaudhary and J.E. Vinod

    Kumar is Road Construction Department and their department is

    not REO. All these three accused persons were not posted in his

    Department (REO) at the time of his retirement. In the campus of

    REO, there were numerous quarters. But he cannot tell whether

    Shambhunath Singh used to stay in one of the quarters during

    1998-99 or not. He has come to depose before the court on being

    served notice.

    19. PW-4 Shambhunath Singh, is complainant and informant of

    this case who in his depositions has stated that He knows

    Vidya Sagar Chaudhary, Rasbihari Singh, and Vinod Kumar. In

    Basia Block, during the year 1998-99, construction of concrete

    roads from Basia to Juratoli & from Juratoli to Tapkara were

    about to be constructed after getting its approval. The

    estimated cost of road construction of Basia to Jura Toli for the

    distance of 1.87 KM was Nine Lacs Ninety-Two Thousand

    (992000/-) and estimated cost of road construction of Jura Toli

    to Tapkara for the distance of 1.5 KM was Nine Lacs Sixty-Two

    Thousand Seven Hundred (9,62,700/-). In both of the schemes,
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    the Deputy Commissioner, Gumla had released eight lacs

    (8lacs) each totaling to Rs. Sixteen Lacs (16 lacs). Both the

    schemes were to be completed by 30-04-1999 as per

    conditions of the administrative approval. As per the estimate,

    Grade-I, Grade-II and Priming were to be done and murram of

    6-inch thickness in the total length of the road was to be laid

    and one foot of soil was to be put on both sides of the road. A

    Guard wall & Pulia (Culvert) were also to be built. For the

    execution of the works, the then Deputy Commissioner, Gumla

    gave Sixteen Lacs of rupees to Executive Engineer, REO,

    Gumla.

    20. He further stated in his examination in chief dated 09-11-2009

    that, Scheme Part-2 which is related to Jura Toli to Tapkara in

    which Guardwall and Culvert were to be constructed has never

    been constructed. The estimated cost of Guardwall was

    1,53,000/- and combined estimate for both was sixteen lacs (16

    lacs) which was released by the Deputy Commissioner, Gumla in

    favour of Executive Engineer, out of total amount of sixteen lacs,

    twelve lacs eighty thousand (12,80,000/-) amount had been

    subsequently given to the then Assistant Engineer in five

    installments during the period 09-04- 1999 to 05-09-1999 by the

    Executive Engineer through Hand Receipts. The then Assistant

    Engineer Rashbihari Prasad Singh further gave the amount to the

    then Junior Engineer an amount of two lacs (2lacs) and one lacs

    (1 lacs) totaling to Rs. Three Lacs Ninety Thousand (3,90,000/-)
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    vide Hand Receipt No. 40 dated 09-04-1999 & Hand Receipt No.

    41 dated 10-04-1999 respectively. Out of the given amount, an

    amount of Three Lacs Twenty Thousand (3,20,000/-) was kept by

    the then Executive Engineer and the said amount did not give it

    to his subordinate Assistant Engineer for getting the works done.

    All the three accused persons namely Vidya Sagar Choudhary,

    Rashbihari Prasad Singh and Vinod Kumar without getting the

    work of road constructions had shown consuming the items in the

    work and had shown the work done and had not deposited

    Royalty Sales Tax and Income Tax to the concerned department

    thereby caused loss to revenue. The work was shown in the

    Measurement Book (MB) but no work was actually done at the

    site.

    In his further examination-in-chief dated 15-04-2010 by the

    prosecution, it is stated by him that at the request of Investigation

    Officer during the course of investigation, a Technical Team

    consisting of Two Executive Engineers was constituted by the

    then Deputy Commissioner to check the works done at the

    ground who in their report has confirmed Gaban (embezzlement).

    Thereafter, Sanction for prosecution was obtained by the Deputy

    Commissioner from the Department of Justice, Government of

    Jharkhand. During the course of investigation copies of Royalty

    Income Tax and Challan were given by the accused persons to

    the Investigation Officer. It was further stated by this witness that

    the Royalty which was deposited by the Challan is of the

    Financial Year 1998-1999. Royalty was deposited by accused
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    Rashbihari Singh in the capacity of Assistant Engineer, REO. The

    accused persons got the first installment on 01-04-1999 whereas

    Royalty is supposed to be deducted and deposited after the

    consumption of items in proportion and it was deposited by the

    Junior Engineer. The Assistant Engineer did not give the full

    amount of Rupees Twelve Lacs Eighty Thousand to the Junior

    Engineer.

    In his further examination-in-chief dated 20-12-2010 by the

    defense, it is stated by him that all the four Divisions’ Cash are

    maintained in Division REO. The First Cashbook is of the period

    01-11-1998 to 28-02-2001 which is prepared in the handwriting of

    Virendra Kumar Sinha and it also bears signatures of Virendra

    Kumar Sinha & Executive Engineer. The register contains 97

    pages wherein each of the pages were signed by the Virendra

    Kumar Sinha and Executive Engineer Vidyasagar. The same is

    identified by him and is exhibited and marked as Ext. 1 (with

    objection).

    The other Register is of the period 01-12-1998 to 21-10-2000 is

    maintained which is also signed by Virendra Kumar Sinha and

    Executive Engineer Vidya Sagar Choudhary. The register

    contains 97 pages wherein each of the pages were signed by the

    Virendra Kumar Sinha and Executive Engineer Vidyasagar

    Choudhary. The same is identified by him and is exhibited and

    marked as Ext. 2 (with objection).

    The third cash register consisting of pages 1 to 33 is of period

    from 01-09-2000 to 31-03-2001 and was maintained in the
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    handwriting and signature of cashier Virendra Kumar Sinha. It

    also bears signature of Executive Engineer Vidyasagar

    Choudhary. The same is identified by him and is exhibited and

    marked as Ext. 3.

    The fourth cash register consisting of pages 1 to 67 is of period

    from 01-04-2001 to 30-04-2001 and was maintained in the

    handwriting and signature of cashier Virendra Kumar Sinha. It

    also bears signature of Executive Engineer Dudhnath Singh. The

    same is identified by him and is exhibited and marked as Ext. 4.

    (with objection).

    The measurement book is of 1231 number and is related to

    construction of road from Juratoli to Tapkara Nadi and was

    maintained in the handwriting and signature of Junior Engineer

    Vinod Kumar. It also bears handwriting & signature of Executive

    Engineer Vidya Sagar Choudhary. The same is identified by him

    and is exhibited and marked as Ext. 5. It also bears handwriting &

    signature of Assistant Engineer Rash Bihari. The same is

    identified by him and is exhibited and marked as Ext. 6. (with

    objection).

    The measurement book is of 1230 number and is consisting

    of pages 1-95 and is related to construction of road from Basia B.

    T. to Juratoli and was maintained in the handwriting and signature

    of Junior Engineer Vinod Kumar. It also bears handwriting &

    signature of Assistant Engineer Rashbihari. The same is identified

    by him and is exhibited and marked as Ext. 7. (with objection).

    During the course of investigation, a Joint Examination
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    Team after completing the technical examination of both the

    schemes submitted its report which bears signatures of Executive

    Engineer Mritunjay Prasad Singh Jalim and Executive Engineer

    Krishnanand Choubey. In its report, it is reported that works of

    Eleven Lacs was done whereas Sixteen Lacs was released for

    both the schemes. He further identified handwriting & signature of

    Mritunjay Singh. The same is exhibited & marked as Ext.8. (with

    objection).

    21. In his cross-examination18-02-2011 by the defense, it is stated by

    him that the estimate of Basia Block situated Juratoli to Tapkara

    road was prepared in the handwriting and signature of Junior

    Engineer Vinod Kumar. It also bears signatures of Executive

    Engineer Vidya Sagar Choudhary & Assistant Engineer Rash

    Bihari Singh. The same is identified by him and is exhibited and

    Marked as Ext. 9. He also identified the signatures of Executive

    Engineer Vidya Sagar Choudhary & Assistant Engineer Rash

    Bihari Singh in the estimates related to Guard Wall which is

    exhibited and marked as Ext. 10 & Ext. 10/1 respectively.

    Further the estimate of Basia BT to Juratoli road was

    prepared in the handwriting and signature of Junior Engineer

    Vinod Kumar. It also bears signatures of Executive Engineer

    Vidya Sagar Choudhary & Assistant Engineer Rash Bihari Singh.

    It also bears signature of Executive Engineer of NREP. The same

    is identified by him and is exhibited and Marked as Ext. 11. (with

    Objection). He again states that administrative approval was

    recommended. He identifies the challans meant for Royalty which
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    were of the year 1998-99 and which bears signatures of

    Rashbihari Singh. The same are exhibited and marked as Ext.

    12, Ext.12/1, Ext.12/2. Income Tax was submitted by Rashbihari

    for the year 1998-99 which is identified by him and is exhibited

    and marked as Ext. 13. The case has been registered on the

    basis of Complaint Petition contents of which has been typed by

    typist D. Prasad and has been signed by him and one Lohra Nag.

    The same has been identified by him and is exhibited and

    marked as Ext. 14 & Ext. 14/1 respectively. All the contents of the

    Complaint petition have been stated by him in his depositions. He

    again states that the typing had been done by one K.P. Prasad.

    He identifies the accused persons Rashbihari Singh & Vinod

    Kumar present in the Court and further claims that he can identify

    others also.

    He does not get any education of accounts and engineering

    but he knows about it. He has got his name registered as

    Contractor 22 years ago. He has also worked as contractor in

    irrigation department. He does not do anything like that now-a-

    days but he works as Farmer.

    In his further cross-examination dated 25-05-2011, he stated

    that he did not attach any copy of correspondence to the

    Complaint Petition nor did present it before the Court. He did not

    make any correspondence with any of the Officials. He had not

    gone to the places of occurrences along with IO. But had gone to

    the places of occurrences before fling of this Complaint Petition

    but he is unable to remember the date when he had gone to the
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    places of occurrences. He did not have mention this fact in the

    Complaint Petition that he himself went to the place of

    occurrence. He cannot tell the date when the technical sanction

    was given to these two schemes. He is unable to remember the

    works which were undertaken under District Planning nor he is

    able to remember what works were being undertaken in REO

    Department. He has seen estimates of both the schemes. He

    cannot tell rates of estimates. He cannot also tell the rates of

    estimates of any schemes.

    22. In his further cross-examination dated 05-07-2011, he stated that

    he cannot tell what were the items included in the amount of Rs.

    Nine Lacs and Ninety-Two Thousand. He had seen the

    documents related to the schemes. He denied suggestion of the

    defense that there was no scheme for which an amount of Rs.

    Nine Lacs and Sixty-Two Thousand was not earmarked. He has

    stated so after seeing the estimate. He further denied suggestion

    of the defense that no such estimate was prepared. He knows

    about both the schemes and a departmental inquiry has also

    been initiated against the accused persons. He also denied

    suggestion of the defense that no such incidence has happened.

    He cannot state what are the amount of Royalty & sales tax in

    both the schemes. He knows about income tax. He denied

    suggestion of the defense that accused persons have deposited

    the sales tax, income tax. Both the schemes were given to REO

    under District Planning. He cannot state the estimates of other

    schemes. He had perused the files related to these schemes in
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    the Office at the direction of DC, DDC. He denied suggestion of

    the defense that he did not have doubt about it. He also denied

    suggestion of the defense that no action was taken on his

    complaint. He cannot tell when the Technical Team was

    constituted. He also denied suggestion of the defense that no

    work had got done by these two officials. He knows on which of

    the items Royalty and income tax are levied. It is levied on

    notional consumption and deposited on the head which was

    subsequently deposited by the concerned department. he denied

    suggestion of the defense that the Royalty which would be

    deposited has been deposited under both the schemes. He had

    given an application to IO to seize the documents. He was not

    shown documents at the time of fling of Complaint Petition. All the

    documents exhibited as Ext. 1 to Ext.14 has been shown to him

    after fling of the Complaint Petition.

    In his further cross-examination dated 20-10-2011, he stated

    that he has not gone to the place of occurrence along with

    Investigation Officer nor he has gone to the place of occurrence

    along with departmental Technical Team meant for examination.

    Ext.1 & Ext.2 has neither been written in his presence nor it

    has been signed in his presence. There was no irregularity found

    in the cashbook. He again states that he identifies signatures

    made in the cashbook but he does not know contents of it.

    23. In his further cross-examination dated 11-11-2011, he stated that

    He has not seen the files before fling of case nor he has made

    any application to DC & DDC to obtain permission to peruse it.

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    He did not receive any complaint as to non-completion of the

    works. He himself had gone to place of occurrence and had seen

    the status of the work and after seeing the status of the works

    filed a complaint to District Administration. He had not given copy

    of the Complaint to the Investigation Officer. The Executive

    Engineer had kept an amount of Rupees Three Lacs Twenty

    thousand related to these two schemes but he cannot tell where

    he had kept these rupees. He denied suggestion of the defense

    that he has made a false allegation of keeping Rupees Three

    Lacs Twenty Thousand against Executive Engineer. He had seen

    the Measurement Book in the Court but he cannot tell whether all

    entry made in the MB is correct or not.

    He had made enquiry in the income tax department, sales

    tax department and Mining Department to obtain information

    related to these two schemes but had not obtained any written

    information in this regard from the concerned department. He

    denied suggestion of the defense that he is deposing falsely.

    None of the documents of Ext. 1 to Ext. 14 has been prepared or

    signed in his presence.

    He denied suggestion of the defense that Deputy Commissioner

    or Officials of the Department has not found any allegation of

    embezzlement against accused persons and he has brought a

    false case against the accused persons due to his personal

    vendetta. He lastly denied suggestion of the defense that there is

    any wrong entry in Ext. 1 to Ext. 14 and accused persons has got

    the work done as per specifications of the schemes.

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    24. The prosecution has also adduced list of documents and articles

    in evidence, which are as follows:

    Ext. 1 Signature of B.K. Singh the then Executive Engineer in the cash

    book from 1.11.1998 to 28.02.2000;

    Ext. 2 Handwriting of B.K.Sinha and the then Executive Engineer

    Vidhyasagar Choudhary in the cashbook from 1.12.1998 to 31.10.2000;

    Ext. 3 Handwriting of Sri B.K. Sinha Cashier and Signature of Executive

    Engineer Vidhyasagar Choudhary in cashbook from 01.09.2000 to

    31.03.2001;

    Ext. 4 Signature of B.K.Sinha and Executive Engineer Dudhnath Singh

    in cashbook from 01.04.2001 to 30.11.2001;

    Ext. 5 Handwriting of Vinod Kumar J.E, signatures of Rashbihari Singh,

    AE and Vidhya Sagar Choudhary in M.B No. 1231;

    Ext. 6 Handwriting of Vinod Kumar J.E, signatures of Rashbihari Singh,

    AE and Vidhya Sagar Choudhary in M.B No. 1231;

    Ext. 7 Handwriting of Vinod Kumar J.E, signatures of Rashbihari Singh,

    AE and Vidhya Sagar Choudhary in M.B No. 1230;

    Ext. 8 Joint Enquiry Report of both the schemes bearing signatures of

    its members Mritunjay Prasad Singh Jalim, Executive Engineers &

    Krishnand Choubey, Executive Engineers;

    Ext. 9 Handwriting of Vinod Kumar J.E and signature of Rashbihari Pd.

    Singh A.E and Vidyasagar Choudhary on estimate of Juratoli to Torpa;

    Ext.

    10 Signature of Vidyasagar Choudhary E.E on the estimate of

    Guardwall. Ext. 10/1 Signature of Rashbihari Singh A.E on estimate of

    Guardwall.

    Ext. 11 Handwriting and signature on estimate of Basia B.T to Juratoli;

    Ext. 12 Signature of Rasbihari Singh on royalty slip of year 1998-1999;

    Ext. 12/1 Signature of Rasbihari Singh on royalty slip of year 1998-
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    1999; Ext. 12/2 Signature of Rasbihari Singh on royalty slip of year

    1998- 1999;

    Ext.13- Signature of Rasbihari Singh in the cashbook receipt for the year

    1998 to 1999;

    Ext. 14 Signature of Shambunath singh on complaint petition;

    Ext. 14/1 Signature of Lohra Nag on complaint petition.

    25. The learned Trial Court concluded the trial after hearing

    arguments of both the parties and on consideration of materials

    on record passed judgment thereby acquitted the accused

    persons(petitioners/revisionist) namely Vinod Kumar,

    Vidhyasagar Choudhary and Rashbihari Prasad Singh charged

    u/s 409, 406 r/w 34 of the IPC by giving benefit of doubt.

    26. Thereafter, appeal against the said order of acquittal has been

    preferred before the Court concerned wherein the learned

    Appellate Court while reversing the order of Acquittal has

    convicted the accused persons (petitioner/revisionist herein) by

    observing that the accused persons were having dishonest

    intention and they had misappropriated the amount and their

    dishonest intention has been proved by a number of

    circumstances viz, entries made in MBs, estimates of the

    schemes, report of joint inspection team, depositions of witnesses

    and documentary evidences etc. from which a reasonable

    inference can be drawn that the accused persons herein were

    involved in the commission of the misappropriation of the

    government amount.

    27. Against the said order of conviction present revision applications
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    have been filed.

    28. Before adverting into merit of the instant revision application, it

    would be apt herein to discuss herein the core of revisional

    jurisdiction under Section 397 Cr.P.C. read with Section 401

    Cr.P.C.

    29. The object of the provisions of revision is to set right a patent

    defect or an error of jurisdiction or law. There has to be a well-

    founded error and it may not be appropriate for the court to

    scrutinize the orders which upon the face of them bear a token of

    careful consideration and appear to be in accordance with law.

    Revisional Jurisdiction can be invoked where the decisions under

    challenge are grossly erroneous, there is no compliance with the

    provisions of law, the finding recorded is based on no evidence,

    material evidence is ignored or judicial discretion is exercised

    arbitrarily or perversely. These are not exhaustive classes but

    merely indicative. Each case would have to be determined on its

    own merits. Another well-accepted norm is that the revisional

    jurisdiction of the higher court is a very limited one and cannot be

    exercised in a routine manner. Reference in this regard be made

    to the judgment rendered by the Hon’ble Apex Court in the case

    of Amit Kapoor Vs. Ramesh Chander, (2012) 9 SCC 460. The

    relevant paragraphs of the aforesaid judgment are being quoted

    as under:

    “12. Section 397 of the Code vests the court with the power to
    call for and examine the records of an inferior court for the
    purposes of satisfying itself as to the legality and regularity of
    any proceedings or order made in a case. The object of this
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    provision is to set right a patent defect or an error of jurisdiction
    or law. There has to be a well-founded error and it may not be
    appropriate for the court to scrutinise the orders, which upon the
    face of it bears a token of careful consideration and appear to
    be in accordance with law. If one looks into the various
    judgments of this Court, it emerges that the revisional
    jurisdiction can be invoked where the decisions under challenge
    are grossly erroneous, there is no compliance with the
    provisions of law, the finding recorded is based on no evidence,
    material evidence is ignored or judicial discretion is exercised
    arbitrarily or perversely. These are not exhaustive classes, but
    are merely indicative. Each case would have to be determined
    on its own merits.

    13. Another well-accepted norm is that the revisional jurisdiction
    of the higher court is a very limited one and cannot be exercised
    in a routine manner. One of the inbuilt restrictions is that it
    should not be against an interim or interlocutory order. The
    Court has to keep in mind that the exercise of revisional
    jurisdiction itself should not lead to injustice ex facie. Where the
    Court is dealing with the question as to whether the charge has
    been framed properly and in accordance with law in a given
    case, it may be reluctant to interfere in exercise of its revisional
    jurisdiction unless the case substantially falls within the
    categories aforestated. Even framing of charge is a much
    advanced stage in the proceedings under the CrPC.

    20. The jurisdiction of the court under Section 397 can be
    exercised so as to examine the correctness, legality or propriety
    of an order passed by the trial court or the inferior court, as the
    case may be. Though the section does not specifically use the
    expression “prevent abuse of process of any court or otherwise
    to secure the ends of justice”, the jurisdiction under Section 397
    is a very limited one. The legality, propriety or correctness of an
    order passed by a court is the very foundation of exercise of
    jurisdiction under Section 397 but ultimately it also requires
    justice to be done. The jurisdiction could be exercised where
    there is palpable error, non-compliance with the provisions of
    law, the decision is completely erroneous or where the judicial
    discretion is exercised arbitrarily. On the other hand, Section
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    482 is based upon the maxim quando lex aliquid alicui concedit,
    concedere videtur id sine quo res ipsa esse non potest i.e.
    when the law gives anything to anyone, it also gives all those
    things without which the thing itself would be unavoidable. The
    section confers very wide power on the Court to do justice and
    to ensure that the process of the court is not permitted to be
    abused.”

    30. Relying upon its earlier decision in the case of Amit Kapoor Vs.

    Ramesh Chander (supra) the Hon’ble Supreme Court, in the

    case of Vinay Tyagi Vs. Irshad Ali, (2013) 5 SCC 762, has ruled

    that normally, revisional jurisdiction should be exercised on a

    question of law. However, when factual appreciation is involved,

    then it must find place in the class of cases resulting in a

    perverse finding. Basically, the power is required to be exercised

    so that justice is done and there is no abuse of power by the

    court. Merely an apprehension or suspicion of the same would

    not be a sufficient ground for interference in such cases.

    31. Thus, from the aforesaid settled position of law, it is evident that

    while the appellate jurisdiction is co-extensive with the original

    court’s jurisdiction as appreciation and re-appreciation of

    evidence is concerned, the revisional court has simply to confine

    to the legality and propriety of the findings and as to whether the

    court acted within its jurisdiction. Sections 397 to 401 CrPC

    confer only limited power on revisional court to the extent of

    satisfying the legality, propriety or regularity of the proceedings or

    orders of the lower court and not to act like appellate court for

    other purposes including the recording of new findings of fact on

    fresh appraisal of evidence. Reference in this regard be made to
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    judgment rendered by the Hon’ble Apex Court in the case of

    Munna Devi vs. State of Rajasthan, AIR 2002 SC 107. The

    relevant paragraph of the aforesaid order is being quoted as

    under:

    “3.—–The revision power under the Code of Criminal

    Procedure cannot be exercised in a routine and casual manner.

    While exercising such powers the High Court has no authority

    to appreciate the evidence in the manner as the trial and the

    appellate courts are required to do. Revisional powers could be

    exercised only when it is shown that there is a legal bar against

    the continuance of the criminal proceedings or the framing of

    charge or the facts as stated in the first information report even

    if they are taken at the face value and accepted in their entirety

    do not constitute the offence for which the accused has been

    charged. This Court in Kanti Bhadra Shah v. State of

    W.B. [(2000) 1 SCC 722 : 2000 SCC (Cri) 303] has held that

    there is no legal requirement for the trial court to write a

    reasoned or lengthy order for framing the charges.”

    32. In the backdrop of the aforesaid settled position of law this Court

    is now adverting to the contention of the learned counsel for the

    parties.

    33. It has been contended by the learned Counsel for the petitioners/

    revisionist that the official document as has been produced by

    the O.P. No.2, who has been examined as P.W.4, has to explain

    as to how he came in the possession of those official documents,

    though, he is the political leader and he had nothing to do with

    the office of the Government and taking into consideration those
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    documents, which has been produced by the complainant in the

    case, the order of acquittal passed by the learned CJM has been

    converted into conviction by the learned appellate Court.

    34. It has been submitted that aforesaid documents were not the

    public documents, i.e. the measurement books and the judgment

    as has been passed by the learned appellate court was based

    upon the document which has been produced by P.W.4, the

    complainant. It has further been contended that nothing has

    come in course of investigation, therefore, the petitioners have

    been acquitted in the present case by the learned trial Court, but

    ignoring the said facts the learned appellate Court has passed

    the order of conviction which is not sustainable in the eye of law.

    35. Learned Special Public Prosecutor appearing on behalf of the State

    has submitted that the learned trial court failed to properly consider

    and appreciate the evidences adduced by the prosecution

    witnesses, particularly the testimony of the informant, which was

    material to the adjudication of the case.

    36. It has further been contended that the learned trial court did not take

    into account the position of the government schemes in question as

    prevailing at the time of lodging of the First Information Report, nor

    did it properly appreciate the inspection report (Ext. 8). The

    submission is that, at the time of lodging of the FIR, no work had

    been executed at the worksite, and only subsequent thereto some

    work was commenced. Even at the stage of inspection by the

    Executive Engineers, the work executed was not commensurate
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    with the total amount released, which is evident from the inspection

    report (Ext. 8) itself, showing expenditure of Rs. 11,05,544/- against

    the released sum of Rs. 16,00,000/-.

    37. However, while defending the order passed by the learned appellate

    court, the learned Special Public Prosecutor has fairly conceded the

    contention advanced by the learned counsel for the

    petitioner/revisionist that the documents produced before the trial

    court by P.W.4 were mere photocopies and, further, that such

    documents did not constitute public documents within the meaning

    of law.

    38. In the backdrop of the aforesaid factual aspect and settled

    position of law the question of determination before this Court

    is:

    “Whether the learned Appellate Court has rightfully

    appreciated the evidences on record and, upon such

    appreciation, has correctly arrived at the conclusion in

    convicting the accused persons/petitioners/revisionist for

    the charges framed against them?”

    39. The principal thrust of the contention advanced by the learned

    counsel for the petitioners is that the documents relied upon by the

    learned Appellate Court is not the character of public documents

    within the meaning of law and the said documents are merely

    xeroxing copy of the original document. It is urged that,

    notwithstanding the fact that such documents were marked as
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    exhibits, mere marking of a document as an exhibit does not, ipso

    facto, amount to proof of its contents, and the evidentiary value of

    the same cannot be elevated in the absence of proper foundational

    proof.

    40. It needs to refer herein that if the document which is sought to be

    proved is itself inadmissible in evidence, then merely because a

    document has been marked as ‘an exhibit’, an objection as to its

    admissibility is not excluded and is available to be raised even at a

    later stage or even in appeal or revision. In the first case,

    acquiescence would be no bar to raise the objection in a superior

    Court.

    41. It is imperative to acknowledge that the admissibility of photocopies

    as evidence is contingent upon several factors, including the

    authenticity of the original document, the circumstances surrounding

    its creation, and the photocopy’s accuracy as a representation of the

    original document. Before deciding whether to use the photocopy in

    the resolution of the relevant matter, the court will carefully examine

    the photocopy’s authenticity and dependability.

    42. The circumstances under which secondary evidence pertaining to

    documents is acceptable are outlined in Section 65 of the Evidence

    Act. It is possible to refer to Section 63(2), which permits the

    admission of a document as secondary evidence, provided that its

    accuracy is verified. This includes copies created by mechanical

    processes such as Photostats. Verifying the accuracy of a photostat

    copy is crucial when presenting it in court. A photostat copy of a
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    document cannot be accepted as secondary evidence if it is

    presented without evidence of its accuracy, without a comparison

    with the original, or without verification that it is a true reproduction.

    Put more simply, a photostat copy’s admissibility depends on the

    other party’s acknowledgment or proof of its authenticity. Thus, a

    photostat copy of a document may only be introduced into evidence

    in situations where it is claimed and proven that the original

    document was once there but has since been lost, destroyed, or is

    in the possession of the other party and they refuse to produce it,

    among other situations listed in Section 65 of Evidence Act. In case

    of a conflict between secondary evidence and primary evidence, it is

    settled law that the primary evidence will prevail.

    43. Thus, mere marking of a document cannot be said to be the proof of

    said document. The document has to be proved in accordance with

    law and the same has to be appreciated in order to ascertain the

    genuineness of the document with other materials available on

    record. In that context, both the parties would get ample opportunity

    to counter those documents as well to submit their arguments with

    reference to the evidence already recorded by the court. Normally,

    any party who wants to prove the content of the document is

    required to lead evidence by production of the original document

    before the court through its author. Under Section 61, the original

    document can be presented before the Court through the author,

    who created the document and it can be proved.

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    44. The legal position is not in dispute that mere production and

    marking of a document as exhibit by the court cannot be held to be

    a due proof of its contents. Its execution has to be proved by

    admissible evidence, that is, by the evidence of those persons who

    can see also. Reference in this regard be made to the judgment

    rendered by the Hon’ble Apex Court in the case of Alamelu vs.

    State represented by Inspector of Police, 2011 (2) SCC 385:

    AIR 2011 SC 715.

    45. The recitals in the document do not become a part of the evidence.

    They are assertions by a person who is alive and who might have

    been brought before the Court if either of the parties to the suit had

    so desired. This distinction is frequently overlooked and when a

    document has been admitted in evidence as evidence of a

    transaction the parties are often apt to refer to the recitals therein

    as relevant evidence.

    46. Section 62 of Evidence Act deals with Primary evidence.

    Explanation 2 says that where a number of documents are made

    by one uniform process, each is primary evidence of the contents

    of the rest. Under Explanation 2, all the documents must be taken

    at a time under one uniform process in which case, each of such

    documents is primary evidence of the contents of the rest. Printing,

    cyclostyle, lithography are some mechanisms which are recognized

    under law through which documents can be obtained under a

    uniform process. Thus, documents prepared under the uniform

    process of either printing or cyclostyle or lithography cannot be
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    mere copies in strict legal sense of the term, in fact, they are all

    counterpart originals and each of such documents is primary

    evidence of its contents under Sections 45 and 47 of the Evidence

    Act.

    47. Secondary evidence of the contents of private documents is

    admissible only if the original document is not in existence or not

    available. Therefore, it is usually necessary to account for the

    absence of the original and for this purpose, proof of primary

    evidence is not available may be required.

    48. In the decision reported in 2010 AIR SCW 6362 – M.Chandra vs.

    M. Thangamuthu, it has been held by the Hon’ble Apex Court that:

    “It is true that a party who wishes to rely upon the
    contents of a document must adduce primary
    evidence of the contents, and only in the
    exceptional cases will secondary evidence be
    admissible. However, if secondary evidence is
    admissible, it may be adduced in any form in
    which lit may be available, whether by production
    of a copy, duplicate copy of a copy, by oral
    evidence of the contents or in another form. The
    secondary evidence must be authenticated by
    foundational evidence that the alleged copy is in
    fact a true copy of the original. It should be
    emphasized that the exceptions to the rule
    requiring primary evidence are designed to
    provide relief in a case where party is genuinely
    unable to produce the original through no fault of
    that party”.

    49. The photocopies which are exhibited were not public documents.

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    Therefore Section 65 (e) does not apply. Though the seal and

    signature of the manager on those photocopies mention it as

    ‘certified copy’, in fact it does not fall within the meaning of certified

    copy as referred under Section 65(e) or 65(f), nor such certificate

    found on the exhibits satisfies the mandate of Section 4 of Banker’s

    Book Evidence Act

    50. In the case of H.Siddiqui vs. A. Ramalingam, AIR 2011 S C 1492

    it has been observed by the Hon’ble Apex Court that:

    “In a case where original documents are not
    produced at any time, nor, any factual
    foundation has been led for giving secondary
    evidence, it is not permissible for the Court to
    allow a party to adduce secondary evidence.
    Thus, secondary evidence relating to the
    contents of a document is inadmissible, until
    the non-production of the original is
    accounted for, so as to bring it within one or
    other of the cases provided for in S. 65. The
    secondary evidence must be authenticated
    by foundational evidence that the alleged
    copy is in fact a true copy of the original.

    Mere admission of a document in evidence
    does not amount to its proof. Therefore, the
    documentary evidence is required to be
    proved in accordance with law. The Court has
    an obligation to decide the question of
    admissibility of a document in secondary
    evidence before making endorsement
    thereon. Where the respondent had merely
    admitted his signature on the photocopy of
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    the power of attorney and did not admit the
    contents thereof and the trial Court without
    examining whether contents thereof had
    probative value decreed the suit for specific
    performance, the approach of trial Court was
    held to be improper.”

    51. In the backdrop of the aforesaid settled position of law this Court is

    now adverting to factual aspects of the present case.

    52. This Court has carefully examined the order impugned, whereby

    the order of acquittal passed by the learned trial court has been

    reversed, and the petitioners/revisionists have been convicted for

    the charges framed against them.

    53. It is evident from order impugned that the learned appellate court

    heavily relied upon the deposition of complainant and found the

    corroboration of the same from the Ext. 5, Ext. 6 & Ext. 7 which are

    measurement Books No. 1231 & 1230.Further the learned court

    has observed that from perusal of the Cash Registeres exhibited as

    Ext.1, Ext.2, Ext.3 and Ext.4, it is found that the entries made in the

    cash registers did not match with the corresponding works as

    shown in the MB. No. 1230 & MB. No. 1231.

    54. In order to verify the aforesaid reasoning, we have gone through

    the record of the case wherefrom it is evident that except PW.4

    who is the complainant, none of the witnesses examined by the

    prosecution have stated anything incriminating against the

    petitioners.

    55. PW-1 Subodh Kumar Jaisawal, Officer-in- Charge of Gumla
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    Police station has stated that he had not done any investigation in

    this case.

    56. P.W.2 Navin Kumar Jha, Divisional Accounts Officer in REO

    office, Gumla has stated that during the tenure of Rasbihari Singh,

    there were two works, being carried away but he cannot state the

    whole details of the works. He further stated that he does not know

    whether any advance amount was given to Rasbihari Singh or not?

    During his tenure only, a new Assistant Engineer joined and took

    the charge but he was not given charge of cashbook by Rasbihari

    Singh. He also stated that the Office is inspected in each financial

    year by the Officials of Accountant General and if there is any

    irregularity found by them, superior officer is informed. Thus, from

    the deposition of this witness, it is evident that he has not stated

    any substantial aspect about the case, further from his cross-

    examination it is evident that he has no idea about the work which

    has been assigned to the Rasbihari Singh,

    57. PW-3 Sita Ram Mondal has been declared hostile by the

    prosecution. However, he has specifically stated that the works of

    Jura Toli to Tapkara & Basia BT to Jura Toli were going on in the

    year 1998-99 but he was not aware of what works were going on

    and the progress of the works. He was not aware of total estimated

    amount of both the schemes. In his cross-examination by the

    prosecution, this witness stated and denied suggestion of the

    prosecution that he had given statement to the police wherein he

    stated that there were works of roads constructions of 1.86 KM
    2026:JHHC:20000-DB

    from Jura Toli to Tapkara & 1.57 KM from Basia BT to Jura Toli. He

    further denied suggestion of the prosecution that since the accused

    persons are officials of their department that is why he is

    concealing true facts and he has full information about the scheme.

    58. Thus, upon a careful consideration of the testimonies of P.W.1,

    P.W.2 and P.W.3, it becomes evident that nothing substantial or

    incriminating has been deposed by these witnesses against the

    revisionists, and their evidence does not advance the prosecution

    case in any material respect.

    59. Even P.W.4 the complainant himself accepted and produced the

    deposit challan of Royalty and taxes for the year 1998- 99 i.e.

    exhibited as Ext. 12 to 12/2 and Ext.3. It is also pertinent to

    mention here that the alleged complaint petition of complainant

    vide his own Patrank No. 335-38/1999 dated 14/09/1999, Patrank

    460/99 dated 11/12/1999, Patrank 07-09/2000 dated 10/01/2000

    and Patrank 104-08/2000 dated 23/03/2000 stated about the

    embezzlement but the same has not been produced by

    complainant either along with his complaint petition and the same

    has also not been produced during the course of his examination-

    in-chief or during the course of his cross examination.

    60. These facts deposed by P.W.4 during his cross examination at para

    12 wherein it is stated by him that he had not annexed any

    correspondences made in this regard with the Complaint Petition

    and during the course of investigation also nor any correspondence

    was made by the officials. Nothing has been adduced by the
    2026:JHHC:20000-DB

    Complainant before the Court. It is worthwhile to mention here that

    technical assessment has been conducted by the joint team after

    lapse of approximately 5 years and for which the alleged charges

    cannot be made against the revisionists in any manner at the such

    belated stage. Further, the statement of P.W.4 has also not been

    corroborated by any oral testimony of witnesses.

    61. On the basis of above discussion, it is clear that the ingredients of

    the offences U/s 406/409/34 I.P.C were not attracted in any manner

    and the prosecution has miserably failed to establish the

    prosecution case beyond all reasonable doubt and for which the

    learned Chief Judicial Magistrate after appreciating the evidences

    led on behalf of the prosecution has rightly acquitted the accused

    persons/revisionists. Further, the accused persons/revisionist were

    Government employee at the relevant time but the prosecution has

    failed to bring prosecution sanction order in proper way during the

    course of trial.

    62. It needs to refer herein that although admissibility of evidence,

    and not manner of its collection, matters: The Indian Evidence Act

    does not necessitate procedural morality during evidence

    collection. The general rule continues that if the evidence is

    admissible, it does not matter how it has been obtained.

    Reference in this regard be made to the judgment rendered by the

    Hon’ble Apex Court in the case of Umesh Kumar Vs State of AP,

    (2013) 10 SCC 59.

    63. But at the same time, it is also settled proposition of law that
    2026:JHHC:20000-DB

    even if a document or evidence is procured by improper or

    illegal means, there is no bar to its admissibility provided it is

    relevant to the matter in issue and its genuineness is duly

    established. The manner of procurement does not, by itself,

    render such evidence inadmissible. However, as a matter of

    judicial caution, the Court, in exercise of its discretion, may

    exclude certain evidence in a criminal trial if the strict

    application of admissibility rules would operate unfairly against

    the accused. More importantly, before acting upon such

    evidence, the Court must be satisfied that it is genuine,

    authentic, and free from tampering or mutilation. In the instant

    case question has already been raised about the genuineness

    of the documents based upon which the judgment of conviction

    has been passed.

    64. Further, it is evident that in the instant case as regards the legal

    and valid oral evidence to prove the guilt beyond doubt is one

    and the only evidence that of the complainant / informant as

    P.W-4 and in the name of documentary evidence the joint

    report prepared in course of investigation but on examination of

    the two that is the evidence of PW.4 and Ext. 8 none is legally

    acceptable. It is an admitted fact that the so called joint report

    was prepared in course of investigation by two persons

    Mrityunjay Singh and Krishna Nand Choudhary, but when the

    document was marked as exhibit 8, PW4 identified only the

    writings of Mritunjay Singh and not of other signatory nor
    2026:JHHC:20000-DB

    proved the contents; however, his statements as recorded by

    the Appellate Court in paragraphs 31, 32, 33 of judgment are

    sufficient to sustain the objection raised as to very admissibility

    of those documentary evidences still marked as Ext. 1 to 14/1

    particularly Ext. 8, and the appellate Court relied and referred

    to those exhibits.

    65. From perusal of the Exhibit, it is evident that the informant (P.W

    4) alone had proved only the signature and writing on

    documents marked as Exhibit-I to 14/1 some of them with

    objections but in his cross-examination, he had stated in

    paragraph 31-33 of his evidence that none of those exhibited

    documents were either prepared in his presence or signatures

    thereon put in his presence.

    66. Further, it is evident from perusal of the impugned order that

    Appellate Court failed to appreciate that neither the contents of

    cash registers nor the entries and contents of measurement

    books were legally proved by the author of those documents;

    even as they did not explain the reason for withholding the

    official witness who had prepared or had custody of those

    documents EXT 1 to 4; and as such was admitted in evidence

    in complete violation of settled proposition of law as stipulated

    in the Evidence Act/BSA which has already been discussed

    and referred hereinabove in the preceding paragraphs.

    67. On the basis of the discussion made hereinabove, it is manifest

    that the learned Appellate Court, while reversing the order of
    2026:JHHC:20000-DB

    acquittal passed by the learned Trial Court, has failed to

    appreciate the evidences available on record in their proper

    perspective. Consequently, this Court is of the considered view

    that the impugned order suffers from perversity and patent

    error, and therefore warrants interference in exercise of

    revisional jurisdiction.

    68. Accordingly, the order/judgment dated 28.02.2022 passed by

    the learned District & Additional Sessions Judge-IV, Gumla in

    Criminal Appeal No. 103 of 2013 is hereby quashed and set

    aside.

    69. In the result, the instant revision petitions stand allowed.

    70. Pending interlocutory application(s), if any, stands disposed of.

    (Sujit Narayan Prasad, J.)

    I Agree.

    (Pradeep Kumar Srivastava, J.)

    (Pradeep Kumar Srivastava, J.)

    07/07/2026

    Rohit/-A.F.R.

    Uploaded on 09.07.2026



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