B.K. TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Senior Counsel Sri Vijay Bahadur Singh assisted by Sri Prashant Kumar Singh and Sri Syed Imram Ibrahim, learned counsel for the revisionist, Senior Counsel Sri Gopal Swaroop Chaturvedi assisted by Sri Shishir Tandon, learned counsel appearing for Krishna Pratap Kaushik who has presented the application for impleadment in the Revision and Sri Om Prakash, learned A.G.A., for the State.

(2.) This criminal revision has been preferred against the judgment and order dated 22.3.2017 passed by Additional Sessions Judge, Court No. 10, Kanpur Nagar in Criminal Appeal No. 15 of 2016 (B.K. Tiwari Vs. State of U.P.), dismissing the appeal against the judgment and order dated 27.1.2016 passed by additional Chief Metropolitan Magistrate, Court No. 2, Kanpur Nagar in Case No. 10596 of 2009 (State Vs. B.K. Tiwari) arising out of Case Crime No. 519 of 2005, Police Station Kalyanpur, District Kanpur Nagar. Vide order dated 27.1.2016 revisionist/accused B.K. Tiwari was convicted for the offence punishable under Section 409 Indian Penal Code (in short " IPC ") and sentenced to rigorous imprisonment for six years and to pay fine of Rs. 5,000/- and in case of default in payment in fine, simple imprisonment for further one year.

(3.) The brief facts of the prosecution case are that (i) cash voucher No. 2276 dated 23.2.1998 for Rs. 1292.50/- of financial year 1997-98, cash voucher No. 14 dated 30.4.1999 for Rs. 6986.50/- of financial year 1998-99 relating to journey performed by Accountant B.K. Tiwari. (ii) Cash voucher No. 2277 dated 23.2.1998 for Rs. 456/- of financial year 1997-98 relating to journey performed by R.K. Yadav. (iii) Register relating to travelling allowance of financial year 1997-98 relating to Class-III employees and (iv) guard file of financial year 1999-2000 in which 120 cash vouchers were attached, were missing from Accounts Section of U.P. State Industrial Development Corporation Limited, Kanpur. In departmental inquiry, Sri B.K. Tiwari, Accountant was held prima facie responsible for missing of the above documents. On the basis of suspicion, Sri S.N. Ram, Manager (Accounts) has lodged first information report at Case Crime No. 519 of 2005 under Section 409 IPC at Police Station Kalyanpur, District Kanpur Nagar on 3.8.2005 at 11:15 PM against Sri B.K. Tiwari, Accountant. Police has investigated the case and submitted chargesheet against B.K. Tiwari. On the basis of statement of PW-1 S.N. Ram and CW-1 Sushil Kumar, learned Magistrate has passed the impugned order of conviction against the revisionist B.K. Tiwari. Appellate Court held that there is no infirmity in the impugned order passed by the Trial Court.