VISHAMBHER SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision is directed against order dated 07-05-2015 passed by the Court of I Additional Judge to the Court of I Additional Sessions Judge, Katni, in Sessions Trial No. 52/2012, whereby a charge under sections 467 and 468 read with section 34 and 409 of the Indian Penal Code was framed against the revision petitioner Vishambher Singh.

(2.) As per prosecution case, complainant Ramesh Kumar Garg filed an application under section 156(3) of the Code of Criminal Procedure in the Court of Judicial Magistrate First Class, Katni praying for lodging of First Information Report against accused persons Naresh Singh, Sukhendra Singh, Jaideep Singh, Nandilal Singh, Amerika Singh @ Anamika, Manoj Singh, Chandrakesh Singh and Kisso Bai under sections 420, 467, 468, 471, 406 & 409 read with section 34 of the Indian Penal Code and further praying for investigation in the matter and filing of the charge sheet. The Judicial Magistrate First Class, Katni, directed the Station House Officer P.S. Badwara to register FIR against aforesaid accused persons and conduct investigation. In compliance with aforesaid direction, P.S. Badwara registered Crime No.03/2011 on 01-01-2011 and registered a case under sections 420, 467, 468, 471, 406 & 409 read with section 34 of the Indian Penal Code against aforesaid accused persons and conducted investigation. After conclusion of the investigation, charge sheet against seven accused persons Naresh Singh, Manoj Singh, Jaideep Singh, Amerika Singh, Deel Singh, Rajkumar Pyasi and Vishambher Singh was filed in the Court of Judicial Magistrate First Class, Katni. The investigation against accused Sukhendra Singh was kept pending. Upon committal, learned Additional Sessions Judge framed the charge as aforesaid against accused persons by impugned order.

(3.) The facts of the case may briefly be stated thus: Accused Naresh Singh was Mate in Gram Panchayat, Satwara, since the year 2007. Beneficiaries Naresh Singh Rathore, Jethua Choudhary and Munnalal Choudhary were granted benefit of Well-digging Scheme under Kapil Dhara project, under Mahatma Gandhi Employment Guarantee Scheme. Accused Naresh Singh in his capacity as Mate of the Gram Panchayat got the work done by engaging labourers. Misusing his position, he got names of his family members Sukhendra Singh, Nandilal Singh, Amerika Singh @ Anamika, Manoj Singh etc. included in the forged muster rolls. Their names figure in more than one muster rolls relating to different projects during the same period. Likewise, name of his relative Manoj has been included in the muster rolls on the dates on which he was attending his school. Thus, aforesaid accused persons in furtherance of their common intention, prepared forged muster rolls, misappropriated the public funds and thus committed criminal breach of trust.