TODAR SINGH PREMI Vs. STATE OF UTTAR PRADESH

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 1995 and Criminal Appeal No. 210 of 1985 filed against the judgment and order dated 27-6-1985 passed by the then VII Additional Munsif Magistrate Budaun in Criminal Case No. 159 of 1984 convicting and sentencing the applicant-revisionist Todar Singh Premi under S. 409 and 120-B, I.P.C. to one year and six months rigorous imprisonment and imposing a fine of Rs. 500.00 and Gulveer Singh u/ S. 409, IPC to two years rigorous imprisonment and a fine of Rs. 3000.00.

(2.) The facts of the case briefly stated are that a sum of Rs. 2000.00 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 prosecution examined Naubat Singh P.W. 1, Rajendra Kumar P.W. 2, Ragghu P.W. 3, Dharambeer Singh P.W. 4 and the Investigating Officer Trilok Chandra P.W. 5 and relied upon certain documents in support of its case.