R K SONI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE applicant has impugned his conviction and sentence passed by the learned Chief Judicial Magistrate, Nagpur, on 31-3-1995, in Criminal Case No. 390 of 1992, holding him guilty for having committed offence under section 409 of the Indian Penal Code and under section 409 read with section 511 of the Indian Penal Code and thereby sentencing him to undergo rigorous imprisonment for six months on each count and to pay a fine of Rs. 1000/- or in default to suffer further rigorous imprisonment for one month, on each count. The substantive sentences have been ordered to run concurrently. In the appeal preferred by the applicant before the Court of Sessions at Nagpur, i. e. the learned IInd Additional Sessions Judge, by his judgment and order, dated 25-10-1996, confirmed the judgment of the Trial Court and dismissed the appeal.

(2.) IN nutshell, it was the prosecutions case that the applicant, R. K. Soni, who was, at the relevant time, working as Mechanical Chargeman (Construction) at Ajni Workshop, Central Railway, Nagpur, and was looking after the maintenance and repairs of various types of motor vehicles of Central Railway, Nagpur, such as trucks, matadors, jeeps, etc. , and was concerned with their maintenance and repairs with the help of his staff, has unauthorisedly removed one complete wheel with tyre; 4 tyres, including one stepney, complete cylinder-head, complete atomizer, self-starter, fuel filter body, dynamo and fuel pump, from Matador No. MTE 3036 which was a Government vehicle belonging to the Central Railway. The said vehicle was entrusted to the applicant as it had met with an accident. This fact came to light when a joint surprise check at Ajni Workshop was conducted on 5-12-1991 by the non applicant, Central Bureau of Investigation (CBI), and that the parts of the said Matador, viz. , complete cylinder-head, complete atomizer, self-starter, fuel filter body and dynamo costing Rs. 2250/-, Rs. 1200/-, Rs. 5000/-, Rs. 250/-, Rs. 1500/-, were fitted in the personal Ambassador Car No. MH-31 G-3166 owned by the applicant, with the help of his staff. The said Ambassador Car owned by the applicant was found parked in the Central Railway Workshop Garage at the time of joint surprise check. It was also found that the applicant, with the ulterior motive of selling the fuel pump of the aforesaid Matador No. MTE 3036, got it removed and delivered it to one M/s. Pradhan Diesel, Lodhipura, Nagpur. The fuel pump was of MICO Make bearing No. 9295037 and had a market price of Rs. 12,000/ -. The said fuel pump came to be recovered from M/s. Pradhan Diesel. It was also found that the applicant has disposed of unauthorisedly the complete wheel with tyres, costing Rs. 3000/-; as well as four tyres, costing Rs. 8,000/-, after removing the same from Matador No. MTE 3036. It was also found that similarly he has also got removed four tyres from Jeep No. MXQ 5,800 which was lying under his control in the said Workshop. Therefore, a First Information Report came to be lodged against the applicant that, in his capacity as the Mechanical Chargeman (Construction), Central Railway, at Ajni Workshop, he was entrusted with the aforesaid Government property, having abused his official position and being a public servant, he has committed criminal breach of trust in respect of it and thereby caused wrongful gain to himself and wrongful loss to the Central Railway to the tune of Rs. 25,950/- and thereby committed offences punishable under section 409 of the Indian Penal Code and under section 13 (2) read with section 13 (1) (d) of the Prevention of Corruption Act, 1988.

(3.) ON 21-3-1994, the learned Chief Judicial Magistrate, Nagpur, framed charge against the applicant for having committed criminal breach of trust in respect of the complete cylinder head-Rs. 2250/-; self starter-Rs. 5000/-; automizer-Rs. 1200; fuel filter-Rs. 250/- and dynamo-Rs. 1500/-, by conversion of the same and fitting these parts in his Ambassador Car No. MH-31 G-3166, which was found to be belonging to his son, and thereby committed offence punishable under section 409 of the Indian Penal Code. He was further charged of having committed offence under section 409 read with section 511 of the Indian Penal Code for having attempted to commit an offence of criminal breach of trust and in such attempt removed the fuel pump costing Rs. 12,000/- from Matador Van No. MTE 3036 which was sent to M/s. Pradhan Diesel, Nagpur, for repairs. The applicant pleaded not guilty and was tried. The prosecution examined in all 14 witnesses, whereas the applicant examined one witness in his defence. The learned Chief Judicial Magistrate found the applicant guilty of the charges and convicted him for having committed offences under section 409 and section 409 read with section 511 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for six months on each count and to pay a fine of Rs. 1000/-, or in default to suffer further rigorous imprisonment for one month, on each count, and ordered the substantive sentences to run concurrently, by his judgment and order dated 31-3-1995. The same was confirmed by the Court of Sessions.