FAURAN SINGH CHAUHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this revision, the challenge is to the conviction and sentence of revisionist to the tune of four years' rigorous imprisonment with fine of Rs.10,000/- for the offence u/s 409 IPC. Learned Chief Judicial Magistrate, Uttarkashi has rendered his judgment on 04.12.2001 to that effect. In appeal no.13 of 2001 before the Sessions Judge, Uttarkashi, the convict/revisionist remained unsuccessful, and thus, his appeal was dismissed on merits.

(2.) In brief, the facts are that the revisionist, during the period 12.6.1991 to 12.6.1992, remained posted as an Assistant Food Inspector, Arakot, Tehsil Purola, District Uttarkashi. During that period, he was holding the charge of entire stock of food grains besides other eatables which were meant for distribution between the general public on control price. On complaint, the District Magistrate, Uttarkashi visited the spot, and smelling irregularities in the system, as managed by the revisionist, he directed his subordinates, including District Supply Officer, Tehsildar and other officers of the area for conducting a raid and physical verification of the entire items, which should have been in the charge of the revisionist as per the record. The revisionist escaped from the spot, and accordingly, the go-down was sealed on 12.6.1992.

(3.) The go-down was opened on 17.6.1992 in presence of District Supply Officer and other responsible officers wherein a large chunk of food grains, sugar, rice etc. were found absent. The record of go-down showed a particular quantity of above-items, whereas the items available, were found much less. The revisionist was, as such, held liable in causing loss to the government to the tune of Rs.1,72,312.40.