ASHFAQUE ALI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Sec. 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dtd. 12/8/2005 passed by learned Additional Sessions Judge, Dantewada, District- South Bastar Dantewada, C.G. in Sessions Trial No.10/2003, wherein the said Court convicted the appellant and sentenced him as under:- <IMG>JUDGEMENT_5_LAWS(CHH)1_2025_1.jpg</IMG>

(2.) The prosecution case, in brief, is that on 13/12/1992, appellant, (the then Manager at Regional Rural Bank, Branch- Nelsar, District- Bastar,C.G.) went to the house of Radhabai (PW-09) who resides at Village- Bodli (which is 8 Kms from Nelsar) and after eating chicken, he returned to Nelsar. On that night, the Bank was set to ablaze, the Research Agency were having doubts on the appellant as he was habitual gambler and he must have formed this conspiracy to cover up his financial irregularities/infirmities and to destroy any evidence regarding his fraudulent work during his tenure as a Manager of the said Bank. After getting the oral and documentary evidence by the Research Agency that the appellant had committed financial irregularities and withdrawn the amount fraudulently, it is evident from the Research Agency that the appellant had withdrawn the amounts from the State Bank of India, Geedam on different dates and the said amounts were not deposited by the appellant in Rural Regional Bank. The appellant had also withdrawn amount fraudulently from the saving account holders and withdrawn the amount in the name of Block Development Officer, Bhairamgarh on different dates, whereas the said amounts were not withdrawn on different dates by the said department. The appellant had also falsified the Bank records.The prosecution after conducting the due and necessary investigation, filed the charge-sheet before the Court of Judicial Magistrate, Dantewada, thereafter, the matter was committed to learned Additional Sessions Judge, North Bastar Dantewada and the accused/appellant was put to trial for the offence punishable under Ss. 436, 409, 409, 420, 420 & 467 of IPC.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 25 witnesses. Statement of the accused/appellant was also recorded under Sec. 313 of Cr.P.C. in which he denied the incriminating charges leveled against him and pleaded his innocence and false implication in the case. In his defence, the appellant examined 02 witnesses.