KONSAM THARONGOU SINGH Vs. UNION TERRITORY OF MANIPUR,

JUDGEMENT

(1.) THIS is an appeal by Tharongou Singh against the judgement dated 30th July, 1969 of Shri P.N. Roy, Special Judge II, Manipur, by which he was found guilty under Section 409 I.P.C. and Section 5(2) of the Prevention of Corruption Act, 1947, hereinafter called the Act. For the first mentioned offence Tharongou Singh was sentenced to three years' rigorous imprisonment and a fine of Rs. 200/ -, or in default, six months' rigorous imprisonment, while under the second offence he was sentenced to three years' rigorous imprisonment. The substantive sentences of imprisonment on the two counts were directed to run concurrently. In the instant appeal Tharongou Singh challenges the validity of his conviction and sentence.

(2.) IN November 1966 the appellant was posted at Haborang Sabal as Extension Officer, Agriculture. His office, housed in the Information Centre, and his residential quarter, a Government, building, were located about 200 ft. from each other in the compound of the Development Block Office in that village. According to the case of the prosecution the appellant had been entrusted with 57.60 quintals of paddy by the Director of Agriculture. Manipur, and that paddy had been stocked in the northern room of the Information Centre. The Block Development Officer had provided the accused with a Godrej padlock for the purpose of locking the Information Centre. On 6.12.1966 the appellant reported to a few persons including Shri R.K. Sanahal Singh P.W. 3. the Head Clerk in the Office of Block Development Officer. Imphal West, while they were all playing badminton in the compound of the B. D. O's Office in village Haborang Sabal, that the Godrej lock which he had put on the northern room of the Information Centre had been replaced by a lock of Tiger make. Soon thereafter the accused unlocked the southern room of the Information Centre with the key on his person, and on entering the northern room, through a gap in a line of almirahs dividing the Information Centre into two rooms, said that 60 bags of paddy were missing. The appellant thereupon prepared a report about missing bags and made over the same to the Head Clerk Sanahal Singh. who, in turn, passed it on to the B. D. O. Shri Thambalsang Singh P.W. 1. The latter then made an enquiry into the matter and found a shortage of 26.51 quintals of paddy out of the quantity entrusted to the appellant. Jatiswar Singh P.W. 4, the Chowkidar of the B. D. O.'s officer in the village, apprised the Head Clerk Sanahal Singh and others that it was the appellant who had removed the paddy from the northern room of the Information Centre and on loading the same in bullock carts had transported it firstly to his own quarter at Haorang Sabal and thereafter by a bus to his own village Charangpat, Sub -division Thoubal, which is quite far away from Haorang Sabal.

(3.) ON the evening of 5.12.1966, runs the prosecution story, when B. D. O. Thambalsang Singh and the appellant returned to Haorang Sabal after tour, the B. D. O. found some bags of paddy lying in the quarter of the appellant. The appellant told him on enquiry that he had removed the paddy from the Information Centre to get it exchanged with new paddy from the farmers putting up in the area of the Block. The matter ended there on that evening.