GORELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) - The appellant has preferred the present appeal being aggrieved with the judgment of conviction and order of sentence dated 17-11-2009 passed by learned First Additional Sessions Judge, Guna whereby appellant has been convicted for the offence under Section 406 of IPC for 3 years and sentenced to fine of 10,000/- and in default of payment of fine 6 months' Additional RI has been directed.

(2.) - Facts of the case in short are that during the period of 2004-05, under the scheme of Education Guarantee, the State Government for the purpose of construction school building, sanctioned Rs.2 lacs and out of that amount Rs.80,000/- was deposited in the joint account of President (present appellant) and Secretary of Palak Shikshak Sangh in Guna Kshetriya Gramin Bank. It is alleged that the co-accused -Mathuralal (secretary) along with appellant (president of Palak Sikshak Sangh), without permission of District Project Coordinator, Zila Siksha Kendra, Guna withdrew Rs.70,000/- from the account and did not construct the School Building and used the said amount for personal use. On complaint, FIR was lodged at concerned Police Station for the offence under Section 406 of IPC registered at crime No.270/2008. After due investigation, the chargesheet was filed before the concerned Magistrate, who committed the case to the First Additional Sessions Judge.

(3.) - Appellant abjured his guilt. He stated that he has been falsely implicated in the matter and he is illiterate person and the amount has been withdrawn by the co-accused Mathuralal who was secretary of Palak Shikshak Sangh. In defence Mithlesh Kumar (DW-1) was examined.