STATE OF GUJARAT Vs. LALLUBHAI MAGANBHAI BARIYA

JUDGEMENT

(1.) THE State of Gujarat preferred this appeal under Section 378 of the Code of Criminal Procedure ('Code', for short) challenging the legality and validity of the judgment and order passed by learned Chief Judicial Magistrate, Nadiad ('ld.Magistrate', for short) on 21.01.1998 in Criminal Case No.1547 of 1982. The ld.Magistrate by virtue of the impugned judgment and order was pleased to acquit the respondent -accused No.2 Jasbhai Somabhai for the offence punishable under Section 408 r/w. Section 114 of Indian Penal Code ('IPC', for short).

(2.) PERUSING the impugned judgment and order, it transpires that so far as respondent -accused No.1 Lallubhai Nagarbhai Bariaya was concerned, he had died pending the original Criminal Case and even before it came to be disposed of by virtue of the impugned judgment and order by the ld.Magistrate. It further transpires that respondent -accused No.1 Lallubhai Nagarbhai had died on 25.7.1996. In the result, the ld.Magistrate proceeded the case only against the respondent -accused No.2 Jasbhai Somabhai, and as stated above, the ld.Magistrate was pleased to acquit the respondent -accused No.2 Jasbhai Somabhai.

(3.) THE case of the prosecution in nutshell is that during the period from 1st July 1976 to 30th June 1977, the deceased -accused No.1 Lallubhai Nagarbhai was performing his duties in the capacity as Secretary of Nadiad Taluka Primary Teachers and Peons Cooperative Society, Uttarsanda, and the accused No.2 Jasbhai Somabhai was performing his duties in the capacity as Chairman in the aforesaid Society. That by interpolating and making false entries in the books of accounts maintained by the Society, both the accused misappropriated Rs.16,114/ - during the period from 1.7.1976 to 30.6.1977, and thereby committed offence punishable under Section 408 r/w. Section 114 of IPC. Perusing the judgment and order, it transpires that in connection with this offence one Bhupatsinh Bhaijibhai lodged the FIR before the police. After the completion of the investigation, the police filed chargesheet against both the accused persons. The ld.Magistrate framed charge for the offence punishable under Section 408 r/w. Section 114 of the IPC against both the accused, and they both did not plead guilty, and thereby, the prosecution adduced oral and documentary evidence. As stated above, meanwhile the accused No.1 Lallubhai Nagarbhai who was performing his duties during the relevant period as Secretary of the Society had expired. Therefore, the ld.Magistrate proceeded the case further only against the respondent -accused No.2 Jasbhai Somabhai. The prosecution examined witness Shanabhai Baraiya at Exh.23, who was one of the Members of the Society in the capacity as Teacher. The prosecution examined witness Ravjibhai Shivabhai at Exh.75, who was also one of the Member of the Society. The prosecution examined witness Raijibhai Motibhai at Exh.76, and he was also one of the Members of the Society during the relevant period in capacity as Teacher. No more witnesses were examined by the prosecution. The ld.Magistrate recorded further statements of the accused u/s.313 of the Code, and the accused generally denied all the allegations leveled against them by the prosecution. After considering the evidence on record, and after hearing the arguments of learned advocates representing both the parties, the ld.Magistrate delivered the impugned judgment and order, whereby he was pleased to acquit the respondent -accused No.2 Jasbhai Somabhai for the offence punishable u/s.408 r/w.Section 114 of the IPC.