STATE OF MAHARASHTRA Vs. FAKIRRAO DAMODHAR POPALGHAT

JUDGEMENT

(1.) THIS appeal arises from the order of acquittal passed by the learned Chief Judicial Magistrate, Jalna in RCC no. 6 of 1981 in which the present respondent was tried for offences punishable under sections 409, 468, 477-A and 201 of the Indian Penal Code (IPC for short) on 8th July 1988.

(2.) THE Aurangabad District Co-operative Land Development Bank (Land Development Bank for short) had branches at various places in the district. The accused was working as an Accountant at its branch at ambad and came to be transferred to the branch at Khultabad on 18/1/1972. The Manager of Ambad branch was PW 2 Tejrao Bhojrao Pawar and the total employees strength was about 15 to 20 with the accused being the only Accountant holding that post even earlier to 1970 onwards. He had reported at Khultabad branch on 19/1/1972 under PW 7 P. M. Kale, who was the Sub Branch Manager. The accused sought permission from PW 7 Kale on 22/1/1972 to leave the headquarters. In the night of 22/1/1972 leading to 23/1/1972, it was noticed that there was fire in the branch at Ambad and PW 8 Shaikh Bakhtyar, who was the watchman in the area, had noticed the accused at about 1 a. m. (past midnight) on 23/1/1972. The said watchman noticed some flames and gave an alert call as a result of which, PW 9 Sandu Komte, who was working as a Peon at the relevant time and sleeping in the guest house located above the branch at Ambad, came down along with Shri B. B. Chavan, general Manager from Aurangabad and noticed that selected documents and some currency notes removed from the safe kept in a locked almirah, were set on fire. The fire was extinguished. PW 2 Pawar, with the help of other supervisors and PW 16 tried to reconstruct some of the burned registers / documents and one such document was the Terij Patrak for the period from 1/12/1971 to 31/12/1971. PW 1 N. P. Bhale, who was working as Special Auditor, Co-operative Societies, Class -I was deputed with the Land Development Bank as a Special Auditor from 10/5/1973 to 6/7/1976. He received a letter on 5/7/1993 from the Divisional Special Auditor directing him to consult the learned Government Pleader at Aurangabad and to proceed with the enquiry. He proceeded with the enquiry by giving show cause notices to some of the bank employees namely PW 16 J. B. Chavan, PW 2 T. B. Pawar and B. B. Chavan (Exhs. 34 to 37 ). They had submitted their individual replies at Exhs. 38 to 41. He had also recorded the statements of other persons like Vishwanath Paval and Shaikh bakhtyar. He submitted a report at Exh. 42 and the Divisional Special auditor gave permission to PW 1 to lodge a complaint with the police against the accused. Accordingly, First Information Report at Exh. 31 came to be filed on 6/2/1975 with the Police Station at Ambad in respect of the following offences :

(3.) ON investigation, charge sheet at Exh. 1 was submitted by the Investigating Officer in C. C. No. 101 of 1976 which came to be renumbered as c. C. No. 7754 of 1976 before the Chief Judicial Magistrate, Aurangabad who framed the charge at Exh. 13. On bifurcation of Aurangabad district into two districts namely Aurangabad and Jalna, the case was transferred to the Chief Judicial Magistrate, Jalna and reregistered as R. C. C. No. 6 of 1981.