RAMCHANDRA TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner's conviction for offence under Section 409 IPC made by A. C. J. M. Bilaspur in Cr. Case No. 1460/80 by judgment dated 11-6-90 was confirmed by the impugned judgment of VI Addl. Sessions Judge, Bilaspur in Cr. Appeal Nos. 74/90 and 63/90 decided on 13-6-94. The appellate Court reduced the sentence to R. I. for 6 months and fine of Rs. 1500/- while the Magistrate had sentenced him to R. I. for 2 years and fine of Rs. 1500/ -.

(2.) THE charge found established by the two Courts below was that in his capacity as Co-operative Inspector of village Lormi he was authorised by B. D. O. Lormi to bring 500 bags of wheat from the godown of F. C. I. Bilaspur for the purpose of distribution to labourers under wheat for work scheme. Under this authorisation the petitioner drew 500 quintals of wheat from godown of F. C. I. Bilaspur. It was taken in 2 instalments, first of 400 bags on 10-7-80. It was transported in 4 trucks to Lormi. Thereafter, since wheat was short by 12 quintals 60 Kg. in the first 4 trucks, a total delivery of 113 bags was taken by this accused on 11-7-80, so as to make total receipt of 500 quintals. These 13 bags were carried in truck No. 2365 of which P. W. 1 Bhagwat was the driver. Co-accused Shivprasad was made to sit in the truck to carry wheat to the godown of the department in Lormi. With the earlier 4 trucks Devnarayan (P. W. 4) had accompanied. The prosecution case is that at the godown of the Department, instead of 113 bags, only 100 bags were off-loaded and 13 bags were missing on the way. Since the petitioner had received the gate pass for the same, he was held responsible for that loss and he deposited a sum of Rs. 1120/- as its price for the loss on 17-7-80 for which receipt was issued to him. The prosecution case further was that from the truck on the way, Shivprasad off-loaded 13 bags somewhere and brought only 100 bags to the department and then he took away 13 bags to some other place. Both the Courts held both the accused guilty of offence under Section 409 IPC.

(3.) THERE is no dispute by the petitioner that he was authorised to bring 500 quintals of wheat. He had withdrawn that much wheat under two gate-passes and had got loaded 113 bags in truck No. CPT 2365 but he did not know what happened to 13 bags which was loaded in this truck with which Shivprasad had accompanied. He, however, paid the price because there was loss of that wheat. His defence was that he had been falsely implicated and he had never used any part of the wheat for himself.