KAILASH KUMAR SANWATIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is at the instance of the informant who set law in motion against respondent No. 2 Gautam Bose along with two others for alleged commission of offence punishable under Section 409 read with Section 34 of the Indian Penal Code, 1860 (for short IPC).

(2.) Case of the prosecution was that on 23rd August, 1982 the appellant went to the State Bank of India, Jharia Branch for taking two bank drafts of Rs. 75,000/- each. His servant Indradeo Ram was also with him. The appellant had carried a sum of Rs. 1,50,200/- with him out of which Rs. 75, 100/- was of Mahabir Bhandar of which appellant was owner, while balance of Rs. 75, 100/- was of Swastik Bhandar belonging to brother of appellant. The total amount was handed over to accused - Ganauri Sao for the purpose of counting at the instance of accused-autam Bose the Head Cashier The cash peon told him that he would count the money, and return the bag in which the money was carried at 2.00 p.m. Informant appellant handed over cash vouchers duly filled in to Amit Kumar Banerji an officer of the bank and returned to his shop on being told that the drafts will be handed over around 2.00 p.m. Around 1.00 p.m. the peon of the bank named Jagdish came to his shop and told him that the money handed over by him was missing from the cash counter. On hearing this, both the informant and his brother rushed to the bank . They were told that a complaint had already been lodged by the Manager of the bank regarding missing of money. By the time the appellant and his brother reached the bank, police had already arrived. Ganaori admitted that he was counting the money handed over by the informant. When he went outside for a short time, during that time the money had been taken away by some one. The informant filed a written report before the police officer (Ex. P-3) in the premises of the bank and on the basis of this the case was instituted and investigation undertaken.

(3.) On completion of investigation, charge sheet was placed and charges were framed against, Gautam Bose, Ganaori Sao, and Jagdish Ram under Section 409 read with Section 34, IPC. Accused persons pleaded innocence. They took the stand that the case was falsely instituted to get money from the bank through the insurance company.