JAGAT NARAYAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Trial Magistrate recorded conviction of the appellant under Section 409 Indian Penal Code and sentenced him to two years' rigorous imprisonment. The conviction of the appellant was maintained by the appellate court. His revision before the High court of Patna was dismissed in limine. Hence this appeal.

(2.) The case of the prosecution lies within a narrow compass. The appellant was working as a Tour Clerk as well as Nazir at Kuru West, Khanapuri Camp in the district of Ranchi under Shri Akhouri Balbhadra Sahay, Public Witness 7, an Assistant settlement Officer in the Settlement Office. In routine Shri Sahay, Public Witness 7 went on tour on 22/2/1977. In his absence a sum of Rs. 1,500. 00 was received in the assistant Settlement Office from the head office, Ranchi. The appellant initially was reluctant to receive the money in the absence of his superior officer, but the latter's counterpart in Kuru East, on asking, guided him that the money could well be received and handed over to Shri Sahay, Public Witness 7 on his return. On acceptance of such suggestion, the said sum of Rs. 1,500. 00 was received by the appellant. This part of the prosecution case is admitted by the appellant. This means entrustment stood proved.

(3.) Now with regard to disbursement we enter a grey area. The prosecution case is that Public Witness 7 on his return on the same day was apprised that such a sum had been received in the office by the appellant. The appellant had priorly, in acknowledgment of the receipt of the sum, made necessary entries and signed the General Cash Book. According to the prosecution the said sum had not been made over to Public Witness 7. The writing correspondingly occurring in the General Cash book purporting to show that the said sum had been handed over to Public Witness 7 was a forgery and an interpolation by and under the hand of the appellant, after Public Witness 7 had made his signatures. The case of the appellant, on the other hand, is that on the return of Shri Sahay, Public Witness 7 in the evening the money was handed over to him and the receipt in the General Cash Book, though written by him, bears the signatures of Public Witness 7 at the appropriate place, in token of his having received the sum.