RAM SHARAN CHATURVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by accused no. 3 (hereinafter referred to as Appellant), challenges the judgment of the High Court of Madhya Pradesh in Criminal Appeal No. 213 of 2006 confirming the conviction of the Appellant imposed by the Additional Sessions Judge, Guna for offences under Ss. 201, 380, 435, 457 and 477 read with Sec. 120B of the Indian Penal Code, 1860. The High Court also confirmed the sentence of rigorous imprisonment for four years along with a fine of Rs.500.00 under Ss. 380, 435, 457 of the IPC and rigorous imprisonment of two years along with a fine of Rs.500.00 under Sec. 201 IPC. However, the sentence under Sec. 477 IPC was reduced by the High Court from rigorous imprisonment for six years to four years.

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(3.) The case of the prosecution is that, upon transfer of the existing Branch Manager Shri R.K. Makore, Senior Manager Shri K.R. Lydia (hereinafter referred to as 'PW-4') was given the additional charge as Manager-in-Charge. As he was on leave for attending a meeting in the Regional Office, Gwalior, another employee Shri Sushil Kumar Verma (hereinafter referred to as 'PW-10') was given the additional charge as Manager-in-Charge. Guna is a very small branch of the Central Bank of India but on 11/6/2004 a large amount of Rs. Fifteen Lakhs came into the custody of the Bank, and everybody in the Bank was aware of this fact. The next day, 12/6/2004, happened to be a Saturday, and after the transactions were completed and the branch was closed at 5.45 p.m., it reopened only on Monday, i.e., 14/6/2004 at 10.30 a.m., intervening Sunday being a holiday. As the commission of theft and other offences occurred after Saturday evening at 5.45 p.m. and before 10.30 a.m. on Monday, and the locks of the building were not broken, all the transactions before and after the closure became relevant to detect the crime. The prosecution explained the events as under.