DURGAN PRASAD AHIRWAR Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has preferred this criminal appeal under Section 378(2) of Criminal Procedure Code being aggrieved by judgment dated 10.11.2011 passed by Third Additional Judge to the Court of Fourth Additional Sessions Judge(F.T.C.), Damoh in S.T. No.182/2008, whereby the appellant has been convicted under Section 409 of I.P.C. and sentenced to R.I. for 2 years with fine of Rs.1,000/-, in default of payment of fine, he has to suffer further R.I. for three months.

(2.) It is not disputed on record that appellant was Shiksha Karmi Class-III and he was Incharge Superintendent of Govt. Adivasi Balak Ashram, Sadpur, District Damoh.

(3.) Facts in short that on 23.12.2005, Awadh Bihari Richharia (P.W.-6), District Organizer made a surprise inspection of the hostel, wherein it was alleged that appellant had not written the cash book from 01.10.2005. He further found that an amount of Rs.19.029/- has neither entered into the cash book nor found in the hand of the appellant. Awadh Bihari Richharia (P.W.-6) had seized the cash book (ex P-6). Thereafter a show cause notice dated 24.12.2005 (Ex. D-2) has been issued to the appellant, which was replied by the appellant vide his reply dated 30.12.2005 (Ex. D-3). Area Organizer Salim Khan has further enquired the matter and the appellant was removed from the post. During enquiry, Salim Khan (P.W.-3) found that appellant withdrew a total sum of Rs.63,000/- from 08.08.2005 to 14.11.2005 and did not enter into the cash book after 01.10.2005. It is further submitted that one Suraj Giri Goswami was posted in place of appellant on the post of Superintendent but appellant has not handed over the alleged amount of Rs.19,029/- to him and thereby he misappropriated the same and committed an offence of criminal breach of trust, therefore, a report was lodged at Police Out Post Sadpur of Police Station Rajpura. During investigation, it was informed by the appellant to the enquiry officer on 04.01.2008 that he has been deposited the amount of Rs.19,029/- in the account of Govt. Adivasi Balak Ashram.