TODAR SINGH PREMI Vs. STATE OF U.P.

JUDGEMENT

(1.) THE above-mentioned two criminal revisions have been filed against one and the same judgment and order dated 21-8-1986 passed by the then 1st Additional Sessions Judge, Budaun dismissing the Criminal Appeal No. 196 of 1985 connected with Criminal Appeal No. 194 of 1985 and Criminal Appeal No. 210 of 1985 filed against the judgment and order dated 27-6-1985 passed by the then VII Additional Munsiff Magistrate, Budaun in Criminal Case No. 159 of 1984 convicting and sentencing the applicant-revisionist Todar Singh Premi under Sections 409 and 120-B, I. P. C. to one year and six months rigorous imprisonment and imposing a fine of Rs. 500 and Gulveer Singh under Section 409 I. P. C. to two years rigorous imprisonment and a fine of Rs. 3000.

(2.) THE facts of the case briefly stated are that a sum of Rs. 2000 through a cheque No. 091640 was given by Todar Singh Premi, the then Block Develop­ment Officer on 23-1-79 to Gulveer Singh, the then Assistant Block Develop­ment Officer for construction of a well for the benefit of Harijans. It was on 6-4-1979 that 25 bags of cement costing Rs. 630-25 paise were also given to him. On the written request made by Gulveer Singh on 11-6-1979 a sum of Rs. 300 more was given to him by Todar Singh Premi for the completion of the construction of the well. The well was not constructed at all. A com­plaint was made and a case was registered against Todar Singh Premi, Gulveer Singh and the then Accountant Jwala Prasad Arya. After completion of the investigation into the case, charge-sheet was submitted against them.

(3.) THE accused-revisionists pleaded not guilty. They have stated that all the allegations made against them are wrong and incorrect. They have, however, examined one Bhoop Singh D. W. 1 and relied upon certain docu­ments in support of their contentions.