RANCHHODLAL KHUMAJI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant in these four appeals is the same individual. He was at the relevant time Talati-cum-Secretary of Mota Jampura in Kankrej Taluka of Banaskantha District. He was tried by the learned Special Judge Banaskantha at Palanpur in four different cases in connection with different amounts alleged to have been misappropriated by him when he was working as the Talati-cum-Secretary of this group of villages. In Mota Jampura Saja there were three different villages under the accused viz. Mota-Jampura Kasara and Amblun and the amounts alleged to have been misappropriated by the accused were said to have been paid to him by different residents of these three villages.

(2.) In the case out of which Criminal Appeal No. 763 of 1966 arises it was alleged against the accused that on July 18 1963 one Jeha Devaji of Mota Jampura had paid a sum of Rs. 197/being the amount of the installment payable by Jeha towards the dues of the Land Mortgage Bank. The accused is alleged to have issued the receipt to Jeha but thereafter he is said to have destroyed the counter foil of the receipt and the amount was not credited in the appropriate account as should have been done and ultimately when certain Departmental proceedings were initiated against him on June 5 1965 the amount of Rs. 197/was got credited in the Government Treasury.

(3.) In the case out of which Criminal Appeal No. 764 of 1966 arises it was alleged against the accused that on July 18 1963 an amount of Rs. 128.43 was paid by one Bachukhan Haiderkhan of Kasara village to the accused. This amount was paid on behalf of one Ayubkhan Chakarkhan a minor and this amount was also towards the dues of the Land Mortgage Bank due from Ayubkhan Chakarkhan. In this case also the accused issued a receipt at the time when the amount was paid to him but according to the prosecution the counterfoil of the receipt was destroyed and the amount was not got credited as it should have been but ultimately on June 5 1965 the amount was got credited by the accused in the Government Treasury during the pendency of the Departmental proceedings.