GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure (for short'Cr.P.C.') against order dated 14.7.2010, passed by learned Additional Sessions Judge, Ferozepur, in an appeal against judgment of conviction and order of sentence dated 16.5.2003, passed by Additional Chief Judicial Magistrate, Ferozepur, in FIR No. 448, dated 17.6.1990, under Section 409 IPC, Police Station Sadar, Ferozepur, vide which the judgment of conviction and order of sentence passed by learned trial Court was set aside, however, the case was remanded back to trial Court to decide afresh after recording statement of accused under Section 313 Cr.P.C., as per law. It was made clear that the trial Court would proceed with the trial from the stage of recording of statement of accused under section 313 Cr.P.C., as the evidence of prosecution had already been concluded.

(2.) I have heard learned counsel for the revision-petitioner and have gone through the impugned order passed by learned Additional Sessions Judge, Ferozepur.

(3.) Briefly stated, the case of prosecution is that District Manager, Punsup, Ferozepur, vide his letter Ex. PW11/K requested the police to register a case against accused-Gurcharan Singh, Inspector, Punsup, for having misappropriated/embezzled wheat stocks belonging to Punsup valuing Rs. 40,86,422.36 p. and the other stock articles of the value of Rs. 4,02,921.52 p. on the allegation that he alongwith Hans Raj, Inspector, purchased wheat stock for the year 1986-87. There are also allegations that he was given charge of wheat stock of the years 1983-84, 1984-85, 1985-86 and 1986-87. He was made Incharge of Punsup Centre, Ferozepur Cantt. in place of Hans Raj, Inspector and Inspector Hans Raj was transferred to Circle Office, Punsup, Ferozepur and accused Gurcharan Singh was directed to take charge alongwith Joginder Singh, Sub Inspector. He had taken the charge of wheat stock from Inspector Hans Raj. Physical verification of the wheat stock under the charge of accused-Gurcharan Singh was conducted by Om Parkash Sharma, Field Officer, VK Bhambri and Field Officer Ajit Singh and after verification, the charge was taken by the petitioner-accused alongwith Sub Inspector Joginder Singh. The matter was enquired into by a Committee and the enquiry was also conducted by audit section of Punsup and it was found that there was shortage in two godowns of wheat stock.