STATE OF PUNJAB Vs. KASHMIRA SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal Nos. 531-DBA of 1985 to 535-DBA of 1985 filed by the State against the judgment dated July 17, 1985, passed by the Additional Chief Judicial Magistrate, Rupnagar.

(2.) THE facts of the prosecution case are as under :- Kashmira Singh, accused, remained Sarpach of Village Gaggon from 1972 to 1978. The allegations against him are that during his tenure as Sarpanch of the village he purchased 220 rafts worth Rs. 350/- on November 20, 1977, for school building, but actually 150 rafts were used and 70 were misappropriated. He also purchased 20 iron girders of Rs. 1032 32 on February 3, 1987, and used 8 girders and misappropriated the amount of 12 iron girders. The amount shown in the muster roll as having been spent during the construction of the school building, has actually been misappropriated by the accused. It is further alleged that the amount of Rs. 94.91 and Rs. 87.50 shown as spent for the purchase of material for white wash was actually misappropriated by him. The same is the allegation with respect to a sum of Rs. 30/- shown as spent for the purchase of Kahi and Tasla. The allegations of misappropriation of the amount of 45 bags of cement amount of Rs. 16/- and Rs. 40/- shown as spent on the repairs of chairs and caning etc., amount of Rs. 517.34 shown as spent on the construction and payment in the village street, amount of Rs. 40/- shown as spent for the carriage and sawing of the rafts, amount of Rs. 550.57 received from the Block Education Officer for school building, amount of Rs. 50/- shown as spent on the purchase of sweets etc., have also been levelled against Kashmira Singh, accused. Further that iron rods weighing one quintal, 97 kilograms and 500 grams shown to, have been purchased, have not been used in the construction of the school building and the amount of the same has actually been misappropriated by the accused. Also, that 97 empty cement bags were with the accused, which he misappropriated.

(3.) PROJECTION , in support of its case, examined Madho Singh (P.W. 1), Bachan Singh (P.W. 2), Assa Singh (P.W. 3), Sant Ram (P.W. 4), Sarwan Singh (P.W. 5), Ranjit Singh (P.W. 6), Karnail Singh (P.W. 7), Budh Singh, complainant (P.W. 8), Hazura Singh (P.W. 9), K.P. Sood (P.W.10), Shiv Dyal Singh (P.W. 11), Mangal Singh (P.W. 12) and Assistant Sub Inspector Waryam Singh (P.W. 13). After the examination, prosecution closed its case.