LAWS(ALL)-1986-2-28

RAJESHWARI SINGH Vs. STATE OF U P

Decided On February 27, 1986
RAJESHWARI SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Rajeshwari Singh appellant has filed this appeal against his conviction under section 409 I.P.C. and sentence of 19 years R.I. and a fine of Rs. 60,000/- (Rupees sixty thousands) recorded by Sri S.C. Srivastava, II Additional Sessions Judge. Gorakhpur by his judgment and order dated 16.8.1986 in Sessions Trial No. 7A of 1974, State v. Rajeshwari Singh and others. Along with Rajeshwari Singh appellant, Lal Chand and Janardan Tewari co-accused were also tried on the charge under section 409 read with section 109 I.P.C. but they were acquitted by the trial court.

(2.) The State of U.P. filed Government Appeal No. 2668 of 1976 against the acquittal of Lal Chand and Janardan Tewari. The appeal against Lal Chand was admitted while the appeal against Janardan Tewari was dismissed summarily by the High Court.

(3.) In brief the prosecution case is that there has been a co-operative. Can Development Union at Siswa Bazar, District Gorakhpur. It was added by the Government and named as Sahkari Ganna Vikas Samiti Limited, Siswa BazarT (hereinafter referred to as the Union). One of the functions of the said Union was to look after the supply of sugarcane by the Cane Growers to the Sugar Factory, correct weighment of sugar-cane and payment of correct prices by the Sugar-cane Factory to the Cane-growers. The Cane-growers used to take their sugar-cane to the Sugar Factory gates as well as various purchase centers established for the purpose of receiving sugar-cane and the same were weighed in the presence of the representatives of the Union and thereafter weighment slips were issued by the men of the Sugar Factory to the Sugar cane growers. The Head Cashier of the Union used to realise from the Sugar Cane factory the price of the sugarcane supplied by the sugar-cane growers to the Factory and got the same paid to the rightful cane growers through their Assistant Cashier of the Union after deducting some commission for the Union.