GOPAL SAHAI Vs. STATE

JUDGEMENT

(1.) THE applicant was the Cashier of the Zila Parishad Mathura and in that capacity was entrusted to receive income of the Parishad like licence fee, contract money, security money, Nazul dues etc. It was his duty to deposit the same in the State Bank of India Mathura Branch in the account of the Zila Parishad. He was also entitled to withdraw money from the Bank from the account of the Parishad to be spent on its behalf, on items such as, pay- merit of salaries and Provident Fund of teachers etc. The allegation against the applicant is that he abused his position as a Cashier of the Zila Parishad and committed criminal breach of trust to the tune of Rs. 37,624-78p. between the period 1-461 and 31-1-62. He was accordingly charged of an offence under Section 409 of the Indian Penal Code. After preliminary enquiry under Section 207-A Cr. P. C. the Magistrate round a prima facie case against the applicant and committed him to stand his trial before the Court of Session.

(2.) IT is an admitted fact that during the enquiry before the Magistrate the applicant was furnished with copies of the First Information Report, Genera] Diary, charge sheet, statements of the witnesses recorded by the Investigating officer as well as copies of suspension order and relevant entries of Cash Book.

(3.) BEFORE the commencement of the trial in the Sessions Court the applicant moved an application dated 3-8-64 saying that he was not supplied copies of all those documents on which the prosecution was relying or was going to rely in the course of the trial. The grievance of the applicant was that he was not in a position to conduct the cross-examination properly nor justly defend himself in absence of the copies of such documents.