STATE OF UTTARANCHAL Vs. MATBAR SINGH RAWAT

JUDGEMENT

(1.) The present appeal is preferred by the State against the judgment and order dated 19th July, 2001, passed in Criminal Case No 401 of 1996, State vs. Matbar Singh and another by the Court of learned Chief Judicial Magistrate, Pauri Garhwal (for short, "the case"). By the impugned judgment and order, the respondents Matbar Singh Rawat and Pushpa Nand Nautiyal were acquitted of the charge under Section 409 IPC. During the pendency of the appeal, a report was received that the respondent no. 1 Matbar Singh Rawat has died, therefore, the appeal was abated against him. It proceeded against respondent no. 2 Pushpa Nand Nautiyal.

(2.) Facts necessary to appreciate the controversy briefly stated are that a primary school building for village Anmdhar Talli was to be constructed in the year 1989-1990-. For this purpose, Rs.90,000/- were allotted and it was to be released in the joint accounts of village Pradhan and Principal of the school. According to the prosecution case, despite entire amount having been released, the building was not constructed on time. Complaints were received and an inquiry was conducted. When the measurement was got done, it was found that the total work of Rs. 56,300/-only was done and thereby Rs. 33,700/- were misappropriated. Notices were given to the respondents and finally PW3 Gurudas Chandra Arya lodged a report to the Police on 20th September, 1993. This report was lodged by the Police on 25th March, 1994 and a case was registered against the respondent, Pushpa Nand Nautiyal, the then Principal of the school as well as the then village Pradhan Matbar Singh Rawat, against whom, the appeal stood abated.

(3.) The matter was investigated and charge-sheet was submitted against the respondent and Matbar Singh Rawat under Section 409 IPC. On 26.11.1996, charge under Section 409 IPC was framed, to which, the respondent denied. The specific charge against the respondent is that despite having received Rs. 90,000/- for the construction of the building, they utilised Rs. 56,300/- only and thereby misappropriated Rs. 33,700/-.