RIZAPLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 17-3-86 passed by the learned Additional Deputy Commissioner, Aizawl, whereby the appellant was convicted under Section 409, IPC and sentenced to three years' imprisonment and to pay a fine of Rs. 500.00, in default to undergo ten days' further imprisonment.

(2.) The prosecution case was that Rizapliana, the appellant was Administrative Officer (A.O.) at Phuldungsei Block in Mizoram and as such was entrusted with Government rice meant for distribution to the villagers by sale through retailers. On 29-3-80 in the evening at about 7 p.m. in a drunken state the appellant called the Store Keeper, Godown Chowkidar, went to the godown within the BSF campus where on his instructions eight quintals (bags) of rice was taken out from the godown and loaded in a jeep bearing registration No. ZRM 1491. The appellant thereafter wanted to take out the rice from the campus but was prevented from doing so by the Post Commander who did not allow the jeep with rice to be taken out of the security parameter because of late hours. The jeep loaded with rice was kept there for the night. Next morning, i.e. on 30-3-80 the appellant took away the rice in the aforesaid jeep to Aizawl and misappropriated the same. The successor of the appellant informed the Deputy Commissioner, Aizawl on 30-3-80 by a message. The appellant was placed under suspension by the Additional Deputy Commissioner, Aizawl on 30-3-80 by a message. The appellant was placed under suspension. The Additional Deputy Commissioner, Aizawl on 23-5-80 wrote a letter to the Superintendent of Police, Aizawl for registration of the offence, whereupon Case No. 1(7)/80 under Section 409, IPC at Marapara Police Station was registered. The Investigating Officer, after investigation, submitted charge sheet against the appellant.

(3.) At the trial, charge under Section 409, IPC was framed against the appellant to which the appellant pleaded not guilty and claimed trial. The prosecution in support of the charge examined P.W. 1 Dengthangpuia, Godown Chowkidar who deposed about the occurrence on 29-3-80, P.W. 2 Saikungi who was retailer of rice sold to the villagers and denied having taken out said eight quintals of rice, P.W. 3 M.C. Nath, Store Keeper who also testified about the occurrence on 29-3-80 in the evening and also the next morning, P.W. 4 Khualtawna also supported the prosecution version, P.W. 5 Hauthuama, Additional Deputy Commissioner (A) who lodged the report (Ext. 3) had testified that to remove A.O. Government sanction was necessary, PW 6 D. N. Prasad, Post Commander, BSF who on 29-3-80 had prevented the jeep loaded with rice from being taken out of the campus for security reasons because it was late in the evening and who also testified that on the morning of 30-3-80 the appellant had taken away the jeep loaded with rice, and P.W. 7 Narayan Singh, the Investigating Officer. The appellant had declined to cross-examine the prosecution witnesses. The defence had only made a suggestion to P.W. 2 Saikungi that rice was taken out from the Government Godown for a village which was denied.