SURESH AND ANOTHER Vs. STATE OFC M.P.

JUDGEMENT

(1.) The applicants have filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 31/01/2020 passed in Criminal Appeal No.,141/2015 by 1st Additional Sessions Judge, Burhanpur whereby at the time of delivering judgment by virtue of power vested in Section 391 of Cr.P.C., ordered to recall witness-Devendra Trivedi (PW-16) for further examination and call for witness-Rajendra Verma for taking additional evidence at the appellate stage and directed the CJM to call the witnesses and record the evidence and sent back the case to the appellate Court.

(2.) The facts of the case of prosecution, in short, is that the applicant-Shobharam, at the relevant point of time, was posted as Secretary of Village Panchayat, Jainabad and applicant-Suresh was Panch of Village Panchayat, Jainabad. 200 quintal wheat and 100 quintal rice was allotted to Village Panchayat, Jainabad for distributing among labour workers engaged under Village Employment Scheme. Rice was entrusted to the applicants to distribute the same, however, instead of distributing the rice to the labour worker, both applicants conspired with other co-accused and tried to sell out that wheat and rice to one Dilip Jain. Concerned authority after receiving the information, seized the truck and registered FIR for the offence under Section 406 , 409 , 420 of IPC and after investigation, charge sheet was filed. Learned trial Court i.e. the Court of JMFC, Burhanpur in Criminal Case No.592/2005 framed charges against the applicants for the offence punishable under Sections 409 , 420 , 414 read with Section 511 of IPC.

(3.) Learned trial Court in Criminal Case No.592/2005 after concluding the trial delivered judgment on 08/07/2015 acquitted both the applicants of the offence under Sections 411 , 416 , 511 of IPC, however, convicted both the applicants for the offence under Section 409 of IPC and sentenced to undergo two years RI along with fine of Rs.500/- with default stipulation. The applicants, being aggrieved by that conviction and sentence preferred an appeal under Section 374 of Cr.P.C. registered as Criminal Appeal No.141/2015 and appellate Court after hearing final arguments posted the case for delivery of judgment, but, before delivering the judgment passed impugned order dated 31/1/2020 which is assailed in this revision.