BARINDRA RAM KHAUND Vs. C.B.I.

JUDGEMENT

(1.) Heard Mr. J.M. Choudhury, learned Senior Counsel for the appellant and Mr. B.S. Sinha, for the State of Assam, the respondent.

(2.) The appellant Sri Barindra Ram Khaund. feeling aggrieved as to the legality and correctness of the Judgment and Order dated 24.1.2001 passed b the learned Special Judge, Assam convicting him under Sec. 13 (2) read with Sec. 13 (1) (c) and (d) of the Prevention of Corruption Act and sentencing him to undergo RI for 1 (one) year and to pay a fine of Rs. 5,000.00 in default to RI for another 1 (one) year under Sec. 13 (2) read with Sec. 13 (1) (c) of the P.C. Act and to undergo RI for 1 (one) year and to pay a fine of Rs. 5.000.00 in default, to RI for 1 (one) under Sec. 13 (2) read with Sec. 13 (1) (d) of the P.C. Act, filed this instant appeal praying this Court to set aside and quash the Judgment and Order of conviction and sentence so rendered by the learned Special Judge.

(3.) The prosecution case in a short campus is that the appellant Barindra Ram Khaund was an employee of the National Textile Corporation and in the year 1994, and was serving as Factory Manager and Unit Head of National Textile Corporation (West Bengal, Assam, Bihar and Orissa) Ltd. at Chandrapur District, Kamrup, Assam. In the said capacity the appellant was in over all charge of the Unit Head and used to look after and supervise all the administrative, production and accounts works of the Unit. In the month of April to Oct., 1994, the appellant in the said capacity received a total sum of money amounting to M. 1.92,487.00 on his application to his department towards advances to meet the official expenses on different heads. Out of the said amount so taken the appellant could adjust an amount of Rs. 16.020.00 only against 5 vouchers but failed to adjust the balance amount, amounting to Rs. 1,76,467.00. It is stated that the appellant Barindra Ram Khaund misappropriated the said amount and thereby misconducted himself by misappropriating the same.