GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 14.7.1988, passed by the Addl. Sessions Judge, Patiala, who affirmed the conviction of the petitioner, but reduced the sentence to RI for six months and to pay a fine of Rs. 1,000/-; in default of payment of fine, to further undergo RI for three months. Further, the learned Addl. Sessions Judge directed that the substantive sentence of the petitioner shall run concurrently with the sentence of imprisonment awarded in the connected case.

(2.) THE brief facts of the case are that the petitioner was employed as Cashier in the Co-op. Agricultural Services Society, Karhali, during 1974-75 and 1976, when he received certain amounts from some members by way of return of the loan taken by them from the Society. The petitioner did not account for the same. An audit conducted by Lilu Ram, PW-3, for the period 1.7.1975 to 30.6.1976 revealed that the petitioner had committed embezzlement of money belonging to the Society. Thereupon, Inspector of Co-op. Societies Karnail Singh, PW-3, made a report to the Assistant Registrar, Patiala, that the petitioner had received Rs. 23,401.84 from the members and had entered the same in their pass books, but had not deposited the same in the account of the Society. He also made a report that another sum of Rs. 32,182.85 was found to be cash in hand with the petitioner, which was not deposited in the account of the Society and had been personally used by the petitioner. The information was sent to the police and formal FIR was registered. On completion of the investigation of the case, the petitioner was challaned under section 408, IPC.

(3.) IN order to prove the charges, the prosecution examined as many as 15 witnesses.