BHAGYAN DAS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard on the compounding application (CRMA 1937/2016). It is supported with the affidavit of accused/convict Bhagyan Das and the complainant Smt. Deveshwari Devi. Both the parties have appeared before this Court in person along with their respective Counsel and wanted to compound the matter.

(2.) In brief, the facts are that the Government granted the finance of Rs. 9800/- in the year 1991-92 under the Poor Persons Residential Scheme among others to Smt. Deveshwari Devi. Out of that amount, Rs. 4600/- were in the form of debt and the remaining Rs. 5200/- were in the form of assistance (not refundable) from the Government. Accused Bhagyan Das was working as Village Development Officer (V.D.O.) during the said scheme. The whole amount had to be withdrawn by the joint signatures of both these persons. Mr. Bhagyan Das misusing his position of a Government Servant procured the signature of Smt. Deveshwari Devi and misled her by making payment of only Rs. 4000/- and thus he embezzled rest of the amount for his personal benefits and gain.

(3.) When the matter was revealed, the lady Smt. Deveshwari Devi lodged the First Information Report. Investigation culminated into submission of the chargesheet and a Criminal Case No. 307/2006 was tried by the Chief Judicial Magistrate, Uttarkashi. He found the offence under Section 420 to be proved against the accused/revisionist, but somehow he could not make out his opinion and absolved the accused for the offence under Section 409 IPC.