RAMDAS DEVANGAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 18. 11. 1997 passed by learned 5th Additional sessions Judge and Special Judge (C. B. I.), Jabalpur in Special case No. 17/1988 convicting the appellant under Section 5 (1) (c)/5 (2) of Prevention of Corruption Act, 1947 (in short `the Act') and under Section 409 IPC and thereby sentencing him to suffer imprisonment as mentioned in the impugned judgment, this appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that appellant R. D. Devangan was functioning as Technical Assistant at Food corporation of India Depot, Seoni in the capacity of public servant during the year 1981 to 1983. During this period, he was required to purchase wheat under Price Support Scheme `the Scheme')and Levy (in short from the cultivators/agencies at the cost of Rs. 130/- per quintal of wheat. The appellant was further required to pay Rs. 10/- per quintal as incentive price to the cultivators from whom wheat has been purchased and issue receipts/vouchers in this regard. The incentive price money is to the tune of rs. 57,000/- and this amount was entrusted to appellant through State Bank of India Branch, Seoni opened by the collector (Food), Seoni.

(3.) IT is the further case of prosecution that appellant was placed under suspension w. e. f. 28. 11. 1981. Despite he was suspended, he furnished the statement of accounts for the tune of Rs. 13,077/ -. After the appellant was suspended, one m. K. Chouksey was appointed for that purpose but during his tenure no purchase was made by him. According to the prosecution, one M. G. Tiwari, Assistant Manager (Quality control), F. C. I. Depot, Seoni issued memo to appellant on 11. 06. 1983 wanting for statement of accounts in respect of the Collector's account at State Bank of India, Branch Seoni and at the same time on 11. 06. 1983 itself forwarded the specimen signature letter to the Collector (Food), Seoni in favour of appellant while he was under suspension and his headquarter was at Sihora which is altogether a different place than that of Seoni. According to prosecution, appellant during period 11. 06. 1983 to January, 1984 withdrew rs. 40,777/- on the basis of cheques issued by him and by forging the signature of farmers on the rear side of the cheques obtained payment and instead of disbursing the same to the respective cultivators, societies/agents the entire amount was misappropriated by him. Thus, according to the prosecution, the appellant has committed the offence punishable under Section 409 IPC and under Section 5 (1) (c)/ 5 (2) of the Act.