VIJAY SINGH THAKUR Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal was filed by Vijay Singh. He was convicted under Sections 409 and 477-A, Indian Penal Code and Section 5 (1 ) (c) read with Section 5 (2) of the Prevention of Corruption Act, 1947 on his 'plea of guilty' and was sentenced to rigorous imprisonment for one year on each count. He was also sentenced to pay a fine of Rs. 5,000/- for the offence under Section 409, Indian Penal Code. He died during the pendency of this appeal. His widow Smt. Kamlesh Thakur has been granted leave under the proviso to Section 394 of the Code of Criminal Procedure, 1973 to continue this appeal as she does not want that stigma of conviction should remain attached to the name of her husband. Thus, this appeal has not abated.

(2.) VIJAY Singh was Upper Division Clerk in Government Higher Secondary School, Salibada, Jabalpur. The charge against him was that on 5-11-1985 he prepared a bill for Rs. 5,000/- and deposited it in the treasury on 4-12-1985. It was for payment of advance of Rs. 5,000/- from the provident fund account of Smt. H. Sharma who was a teacher in that school. He drew this amount on 10-12-1985 but did not make payment to her. He misappropriated this amount and falsified the relevant register of his office. The charge-sheet was filed by the Economic Offences Investigation Bureau.

(3.) ON 31-1-1986 the charges were framed by the Special Judge, Jabalpur. These were read over and explained to the accused. He is said to have admitted his guilt in the following words :^^. . (Vernacular Text Omitted ). .