BRIJBASI LAL SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal by special leave the appellant has been convicted by the Special Judge, Tikamgarh under Sections 409, 467 and 477-A Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act and sentenced under each count to rigorous imprisonment for one year and a fine of Rs. 50 under each count and in default one month's rigorous imprisonment under each head. All the sentences were directed to run concurrently.

(2.) It seems to us that this is rather an unfortunate case where a school teacher has been made the victim of unfortunate circumstances of which an undue advantage has been taken by colleagues and others who were by no means friendly to him and who got an opportunity to bolster up a case against the appellant.

(3.) The appellant was a Principal of a Higher Secondary School, Kakarhati and joined his assignment on 21st November, 1963. He had preceded two other persons who were the Principals of the same school. The main charge against him was that on 6-3-1964 he had drawn a sum of Rs. 993.30 on the contingent bill for various items. One of the items was the salary of a Chowkidar Pancham Dhimar for 10 months at the rate of Rs. 50 p. m., the total amount being Rs. 500. The prosecution alleged that Pancham was never employed in the school and the appellant had merely drawn this amount on a fictitious plea in order to misappropriate it. On or about the same time, on the basis of the same bill it was alleged that two items one of Rs. 20 and the other of Rs. 43 said to have been paid to a Kumaharin and Ramphal respectively had been drawn which also had been misappropriated by him and false entries in the contingent bill made in that regard. These two items however formed the subject-matter of Special Criminal Case No. 2 of 1966. It was tried by the same Special Judge who however rejected the prosecution case and acquitted the appellant of the charge relating to these items.