STATE OF U P Vs. K P JAM

JUDGEMENT

(1.) Sri S. P. Jam is chairman of Aligarh Electric Supply Company Ltd. and Sri K.P. Jam is Managing Director thereof Sri K.S. Kohli was appointed Receiver of the aforesaid Company in the month of July 1972 by the District Magistrate of Aligarh. The Receiver counted the cash in the Chest of the Company on 31st of July 1972 according to the directions of the District Magistrate and detected a shortage of Ks. 2,67,744.16 Paisa. He submitted his report to the District Magistrate on the same day. The Receiver recorded the statement of Sri Shyam Sunder Saxena Cashier of the Company and forwarded the same along with his report to the District Magistrate. The Cashier stated that the cash which was found short was not available with him because that was taken away by the Managing Director Sri S.P. Jam. F.I.R. was lodged at Police Station Banna Devi on 5.8.1972. The case was investigated and after completing the investigation charge-sheet were submitted against Sri S.P. Jam, the Chairman and K.P. Jam the Managing Director of the Company. They were tried in two Sessions Trials. They pleaded not guilty. The prosecution examined only one witness Sri Shyam Sunder Saxena (P.W. 1) the Cashier of the Company against whom the F.I.R. was lodged. The Investigating Officer was not produced. The charge-sheets submitted by him have been proved by Rajeswar Dayal Constable who had seen the Investigating Officer reading and writing. The learned Judicial Magistrate on a consideration of the entire evidence arrived at the conclusion that the charges under Section 400 Indian Penal Code were not proved beyond doubt against the accused appellants S.P. Jam and K.P. Jam. He consequently acquitted them of all the charges. The State has felt aggrieved and preferred these appeals. All these four appeals can under these circumstance the conveniently disposed of by a single judgment. This judgment would, therefore, govern all these four appeals.

(2.) The fact that Sri S.P. Jam was Chairman and K.P. Jam was Managing Director of Aligarn Electric Supply Company Ltd. is proved from the deposition of Sri Shyam Sunder Saxena (P. W. 1) and goes unchallenged by the defence.

(3.) The fact that Sri K.S. Kohli was appointed Receiver of the aforesaid Company in July 1972 is also proved from deposition of Sri Saxena (P. W .1). It is further proved that Sri Kohli the Receiver counted the cash in the Chest of the Company on 31st July 1972 and found shortage of Rs. 1,67,774.16. The Receiver recorded the statement of the Cashier Sri Saxena (P. W. 1) who stated that the aforesaid account was not available with him because that was taken away by the Managing Director Sri S. P. Jam, F.I.R. was however lodged at the Police Station Banna Devi on 5.8.72 by Sri Kohli against Sri Shyam Sunder Saxena, the Cashier of the Company. The Investigating Officer has not been produced by the prosecution for the reasons best known to it. A Constable has been produced to prove the writing of the Investigating Officer to bring the charge- sheets on record. Thu;; there is the solitary deposition of Sri Shyam Sunder Saxena (P.W. 1) to prove that the accused were entrusted with the property in question or with dominion over it and have committed criminal breach of trust in respect thereof.