RAMCHARAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellant/accused against the judgment dt. 25.7.2005 passed in Special Case No.9/1997 by the Special Judge and First Additional Sessions Judge, Indore whereby the appellant has been convicted for the offence punishable under Section 409 of IPC. Resultantly, Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act, 1947 and Section 477-A of IPC and sentenced to undergo RI of one year with fine of Rs. 2,500/- for the offence punishable under Section 409 IPC. He has also been sentenced to undergo RI of one year with a fine of Rs. 2,500/- under Section 477-A of IPC with default stipulation

(2.) Brief facts of the case are that the appellant/accused, Ranmcharan Khandelwal was posted as Incharge of drugs and instrument section of MY Hospital, Indore and MTH Hospital, Indore and his duty was to receive, store and supply instruments and medicines required for operations in both the Hospitals and for its audit in theyear 1982-83 conducted by the office authorities of the Accountant General Office, Gwalior M.P. with respect to audit conducted from year 1978-79 and 1982-83, it has been found that the total medicines valuing Rs. 20,12,538.51/- were misappropriated and after verification of the same, report was lodged with the Economic Offence Investigation Bureau of the State and after investigation, the challan was filed against the appellant and in charge of the Department Dr. A.P. Tiwari and convicted the appellant Ramcharan Khandelwal for the charges framed against him and sentenced him as mentioned in para 1 of the judgment.

(3.) Being aggrieved by the impugned judgment dt. 25.7.2005, the appellant has filed this appeal on the ground that neither officer, who conducted the test audit, nor investigating officer have verified the entries of stock received and issued by the appellant with the corresponding entries of the officer from whom medicines etc. were demanded and to whom, the medicines and instruments were supplied on their demand. Learned Trial Court has failed to consider the fact that in the physical verification report of supply order and stock entries were verified and found correct by the Authorities of the Hospitals and in the audit conducted over the year, the test audit report for checking audit report for the disputed period is not complete and the audit report only mentions the presumptions regarding misappropriation of medicines, which has not been verified by other auditors or by the Investigating Officers.