GOPAL SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) ACCUSED revisionist was convicted of the offences punishable under Sections 409, 467 of IPC by learned trial court, vide order dated 04.01.2013. He was sentenced to undergo rigorous imprisonment for three years alongwith a fine of Rs. 10,000/ - under Section 409 of IPC. He was also sentenced to undergo rigorous imprisonment for three months alongwith a fine of Rs. 10,000/ - for the offence punishable under Section 467 of IPC. Both the sentences were directed to run consecutively by the trial court. Aggrieved against the same, a criminal appeal was preferred by the convict, which was decided by learned Sessions Judge, Pithoragarh, vide order dated 30.05.2013. After taking into account the evidences of the prosecution witnesses, the Sessions Judge was of the view that there was no illegality in the impugned order dated 04.01.2013, passed by learned trial court and therefore, criminal appeal filed by the convict was dismissed, vide order dated 30.05.2013. Further aggrieved against the same, present criminal revision was preferred by the convict from jail. Subsequent thereto, an application is filed by the convict revisionist through Superintendent, District Jail, Haridwar, with the prayer that the sentences passed against him be directed to run concurrently.

(2.) REVISIONIST was posted as Asstt. Accountantcum - Cashier in SBI, branch Askot. He was transferred to Pullhindola thereafter. He was so transferred on the basis of some complaints of irregularities committed by him. It was the allegation that the revisionist cheated the account - holders of SBI by receiving money, making entries in the passbooks in his own handwriting, but not depositing the same in the respective accounts of those account -holders. On 22.05.2000, when the informant, the bank Manager (PW1 Mahesh Singh Rawat) was sitting at Accounts counter, Mahiman Singh Pal (PW6) and accountholder Sita Bhandari alongwith one Prem Singh came at the counter and showed their respective passbooks to PW1. The entries made in their respective passbooks were compared with the ledger books of their accounts, maintained in the bank. It was found that there was difference in the balance amount shown in the passbooks and ledger book.

(3.) AFTER gathering complete facts, PW1 send the information to Control Office, Almora on 25.05.2000. On having received such information, the Chief Manager of the bank was sent to Askot Branch of the bank. Chief Manager, Girish Chandra Joshi conducted preliminary inquiry and found that the irregularities were committed in the accounts of the customers of the bank.