RAM BHAROSEY LAL Vs. STATE

JUDGEMENT

(1.) RAM Bharosey Lal appellant has been convicted and sentenced under section 409 of the Indian Penal Code to undergo R. I. for three years and to pay a fine of Rs. 3000/-.

(2.) FACTS leading to the conviction of the appellant may be stated at some length.

(3.) THE prosecution examined Chhotey Singh, Bhole, Bir Sahai, Bhagwat Singh and Babu Singh (P. Ws. 1, 3, 4, 11 and 22) to prove payment of Rs. 1,800/- on 19-8-1962 to the appellant. Babu Singh proved relevant entries in the books of Cbamarduhi Cooperative Society. THE prosecution further examined Bodh Raj Singh, Chhotey Lal and Lal Udaibir Singh to [prove payment of Rs. 892/- to the appellant on 19-8-1962. Chhotey Lal further proved relevant entries in the books of co-operative Society Chandpur Chhatarpatti. THE prosecution then examined Ram Dutt Singh (P. W. 26) II Officer Crime Branch C. I. D. Bareilly, who investigated into the case. He took sample writings of the appellant. Kedar Nath Prasad (P. W. 3) hand writing expert compared the sample hand writing of the appellant with the hand writing and signatures/initials on the receipts Exs. Ka. 5 and Ka. 1 and expressed the opinion that they were written by one and she same person. He also compared the signature of Dal Singh with the signature on these two receipts and expressed the opinion that they were not in the hand writing of the same person. THE prosecution also examined some village people who had contributed the two amounts in question. THE prosecution also examined Mohammad Shoeb (P. W. 23), Assistant Registrar Co-operative Societies. He proved the duties of the Supervisor and Kamdar. He found that the two amounts in question were not deposited in the account of the co-perative union Khandar. THErefore, he gave report of embezzlement to the District Magistrate and District Planning Officer.