STATE OF PUNJAB Vs. BALDEV SINGH

JUDGEMENT

(1.) On September 22, 1982 a case under sections 406/408 and 477-A, Indian Penal Code was registered against Baldev Singh respondent at Police Station Dhanaula, on the basis of an order dated September 16,1982 from the Senior Superintendent of Police, Sangrur made on a letter sent by Inspector Gurdev Singh to the Assistant Registrar, Co-operative Societies, Barnala. As per allegations made in this letter, Baldev Singh respondent was a cashier of Co-operative Agricultural Services Society Limited, Pakho Kalan. Chuhar Singh and Jit Singh were members of the society. On March, 16, 1981, Baldev Singh received Rs. 2291.25/- as principal amount and as 83.75 as insesest from Chuhar Singh of Village Bhaini Fatta and made an entry regarding this amount in the pass book of Chuhar Singh. The amount, however was not entered in the account books of the society nor it was deposited in the Co-operative Bank. On June 26, 1979 Baldev Singh again received Rs. 364/- as principal amount and Rs. 411/- as interest from Jit Singh, a resident of village Pakho Kalan and made an entry regarding this amount in the pass book of Jit Singh. The amount was not shown in the account book of the society nor it was deposited in the Co-operative Bank. Baldev Singh, thus embezzled an amount of Rs. 3150/-.

(2.) After registration of the case, Assistant Sub Inspector Gurmukh Singh conducted investigation. He recorded the statement of witnesses and took into possession the account books of the society as well as Pass Books of Chuhar Singh and Jit Singh, as also proceedings register by which Baldev Singh was appointed as a Cashier. After completion of the investigation, two challans were presented in the Court of Judicial Magistrate First Class Barnala, which were consolidated vide order dated December, 12, 1983.

(3.) Baldev Singh respondent was charged for an offence under Section 406, Indian Penal Code. He pleaded not guilty to the charged and claimed trial. The prosecution examined some witnesses to show that the respondent had received the amount from the members of the society namely Chuhar Singh and Jit Singh but did not deposit the same in the Bank. The respondent when examined under Section 313 of the Code of Criminal Procedure admitted that he was a cashier of the society and that he had received the amount from Chuhar Singh and Jit Singh as alleged by the prosecution. He denied that he had embezzled or misappropriated the amount and contended that he deposited the amount in the Cooperative Bank, Rurka Kalan on January 18, 1982 vide receipts Exhibit D.A. and D.B. Gurdev Singh Inspector was inimical to him as previously he had given on award against him being an arbitrator inspite of the fact that he had deposited the amount in the Bank in its Rurka Kalan branch.