RAJESHWARI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAJESHWARI Singh appellant has filed this appeal against his conviction under section 409 IPC and sentence of 10 years Rl and a fine of Rs. 60.000/- (Rupees sixty thousands) recorded by Sri S. C. Srivastava, II Assistant Sessions Judge, Gorakhpur by his judgment and order dated 16-8-76 in Sessions Trial No. 157-A 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 IPC 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.) THE prosecution case is that on the dates given below Rajeshwari Singh had taken various amounts through Bhagwati Singh PW 23, Head Cashier of the Union as advance for payment to cane growers but he had paid only part of the said amount to the cane-growers and as such he had embezzled the remaining part of the advance money which was entrusted to him by the aforesaid Bhagwati Singh, Head Cashier of the Union : <IMG>JUDGEMENT_392_ACRR_1988Image1.jpg</IMG> Thus Rajeshwari Singh appellant is alleged to have committed criminal breach of trust for a total sum of Rs. 15107.24 as a Public Servant. THE other two accused Janardan Tewari and Lal Chand were said to have abetted the commission of the aforesaid offence by Rajeshwari Singh.