RANA DHIAN SINGH Vs. U. T. CHANDIGARH

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Revisions Nos. 303, 304 & 306 of 1986 as all these revisions arise out of the identical judgments of the Additional Sessions Judge, Chandigarh dated 1-2-1986. Three separate challans regarding embezzlement were presented against the petitioner. He was convicted under all the three charges and these revisions arise out of the said convictions. Rana Dhian Singh petitioner had been convicted by Shri Jagroop Singh, Judicial Magistrate Ist Class, Chandigarh under section 409 of Indian Penal Code and sentenced to undergo rigorous imprisonment for 1-1/2 years and a fine of Rs. 5.000/- and in default of payment of fine to further undergo rigorous imprisonment for nine months in all the three cases separately. In appeal before Shri M. K. Bansal, Additional Sessions Judge, Chandigarh conviction of the petitioner was maintained but the sentence awarded was ordered to run concurrently with the sentence awarded in two other cases and in default clause it was reduced to six months from nine months. Feeling aggrieved, the petitioner has approached this Court by way of above said three revision petitions.

(2.) THE prosecution case, in brief is that the petitioner was working as Head Cashier in the Electricity Operation Sub-Division No. 1, Chandigarh during the period from 7-5-1973 to 15-10-1973. Bharat Bhushan (Proclaimed Offender) was revenue accountant at that time. Counter Clerk used to receive the payments of bills from the consumers and entry regarding the same was to be made in counter clerk's receipt book daily. The petitioner was receiving the said amount from the counter clerk everyday in the evening against certificate in the C.C.R. Thereafter the amount so received was used to be entered in the main cash book maintained by the petitioner. After verifying these entries by Bharat Bhushan the amount was to be deposited in the treasury by the petitioner. Till the deposit, the said amount was to be kept in the chest, one key of which used to be with the accused petitioner and the other with Bharat Bhushan. Bodh Raj, Divisional Accountant detected double payment and reported the matter to the Executive Engineer. On checking it was revealed that a sum of Rs. 19000/- had been deposited less. The entries in the main cash book were also found to be tampered with. Matter was reported to the police; case was registered and after investigation the police came to the conclusion that the petitioner in connivance with Bharat Bhushan embezzled the amount of Rs. 19000/-. Three separate challans regarding the said amount Rs. 8000/-, Rs. 6000/- and Rs. 5000/-) were presented against the petitioner in Court and after trial he was convicted and sentenced as mentioned in the opening part of this judgment.

(3.) AFTER close of the prosecution evidence, in his statement under section 313 Cr. P. C. petitioner admitted that he was posted as Head Cashier and Bharat Bhushan as Revenue Accountant at the relevant time but denied having received any amount. He stated that he was only to make entries in the cash book, but denied tampering with the same. Despite adequate opportunity being granted to him, no evidence in defence was produced.