KEDARNATH, ACCUSED Vs. STATE

JUDGEMENT

(1.) THIS is a revision by one Kedar Nath, against his conviction under R. 409, I.P.C. and sentence of three years rigorous imprisonment.

(2.) IN the district of Deoria there is a Cooperative Federation at a place known as Bodarwar. In the beginning of the year lass the Federation resolved to run a brickkiln and by resolution No. 3 dated 13-1-1958 the Federation resolved inter-alia that a Manager and a Chaukidar be engaged for running the brick-kiln (Vide page 21 of the Minute Book Ex. VIII). On 23-1-1958 by resolution No. 4 (Ex.Ka.16) the Federation decided to appoint Kedar Nath, the applicant, as Manager on a monthly salary of Rs. 55/-. The Federation held a meeting on 1-3-1958 in which it appointed a committee for the supervision of the brick-kiln by resolution No. 5-B. This committee consisted of several gentlemen other than the applicant, the Manager. This resolution also stated that the entire responsibility in respect of the brick-klin shall be of the Manager as well as of the Managing Committee. The applicant admittedly worked as the Manager of the brick-kiln.

(3.) RAM Adhyaya sharma (P.W. 1) is the Inspector of the Federation. He used to inspect the brick-klin and used to make notes of his inspection in a register Ex. 7. He has stated in the witness-box that the applicant being the Manager was responsible for the entire work of the brickkiln, it was his duty to get the bricks made, burnt, taken out and sold, it was his duty to keep the stock book and maintain all the relevant accounts in respect of the brick-kiln. it was also his duty to control the staff and pay them as also to meet the expenses of the brick-kiln. He also stated that the applicant used to maintain all the account books with respect to the stock of coal, bricks, etc., their receipt and sale in his own hand. This fact has not been denied by the applicant. Ram Adhyaya Sharma used to periodically inspect the brick-klin. In his inspection note dated 3-1-1960 written in the Register Ex. 7, he pointed out several discrepancies and defects in the working of the brick-klin and the maintenance of its accounts. He suggested that a Bharat register should be maintained, that the Nikasi register should be filled in daily. He stated that accounts are incomplete and that several necessary registers are not being maintained. He again inspected the brick-kiln on 3-4-1960 and with regret noted that in spite of his previous objections and suggestions no improvement has been made and that the state of accounts is extremely unsatisfactory. He also mentioned that the accounts are suspicious. He asked the Manager to complete them and show it to him within a fortnight. He noted that the accounts of the brickkiln are maintained in a manner that there is room for misappropriation. On 15-5-1960 Sri Sharma again inspected the brick-kiln and this time he found the state of affairs exceedingly unsatisfactory. He noted that the Cash. Book is incomplete, that the Manager has not produced the vouchers of expenses, that in spite of several objections the Bharat Register is not being maintained, that the coal register is incomplete, that the Nikasi register appears to be fictitious, that the Manager did not show him the stock register as a result of which he could not check the stocks, and that he suspects that there is some mystery behind it. On 17-5-1960 Jagdish Singh Supervisor by a note made in the Register Ex. 7 directed the Manager Kedar Nath to carry out the instructions in the inspection note immediately.