STATE OF U P Vs. PARMATMA SARAN MATHUR

JUDGEMENT

(1.) This government appeal under Section 377 Cr.P.C. has been filed on behalf of the State of U.P. for enhancement of sentence with regard to the judgment and order dated 9.8.1983 passed by Sri R.P. Verma, Munsif Magistrate II, Varanasi in Criminal Case No. 416 of 1981-State Vs. Parmatma Saran Mathur, under Section 409 I.P.C., Police Station Saraikhwaja, Jaunpur whereby the accused has been imposed with a fine of Rs. 2,500/- and convicted with a token sentence till rising of the court.

(2.) The F.I.R. in this matter was lodged in Police Station Saraikhwaja, District Jaunpur on 11.4.1979 at 15.05 hours by one Sri Kamta Prasad Singh, Secretary, District Cane Society Mehrawa, District Jaunpur wherein it was mentioned that Parmatma Saran Mathur, Cane Supervisor and the then Secretary had issued a cheque No. BA 24/395145 dated 20.3.1970 for Rs. 15,000/- at State Bank Shahganj but in the cash book and on the counterfoil of the cheque book, an amount of Rs. 10,000/- was mentioned. By this way, an amount of Rs.5,000/- of the Society was misappropriated, regarding which a departmental inquiry was initiated in the year 1976-77 which has been confirmed by balance sheet. It was further mentioned that Parmatma Saran Mathur had shown in the daily sale register of urea fertilizer that on 16.2.1971 he was having a balance of 2619 bags of urea but at the time of handing over charge to Sri Ram Shakal Singh Supervisor, only 2490 bags were given in charge. By this way, he had misappropriated a value of 129 bags of urea and at the rate of Rs.47.95/- per bag, total amount comes to Rs.6,185.55/-. It was requested that for total misappropriated money of Rs.11,185.55/- action should be taken.

(3.) On the basis of the written complaint, case was registered at Crime No. 130 of 1979. The matter was investigated and charge sheet was filed in the court.