STATE OF PUNJAB Vs. HARMOHINDER SINGH

JUDGEMENT

(1.) HARMOHINDER Singh (44) was tried for an offence under Section 409 of the Indian Penal Code by the Judicial Magistrate 1st Class, Patiala, and acquitted by judgment dated October 12, 1985. Aggrieved by acquittal, the State has filed this appeal after obtaining leave under Section 378 of the Code of Criminal Procedure.

(2.) HARMOHINDER Singh (hereinafter referred to as the accused) was serving in the Food and Supplies Department of the Punjab Government. At the material time, he was posted as Inspector Incharge of stocks of wheat, rice etc. kept by the department in various godowns at Samana, District Patiala. These godowns in the official jargon were called Provincial Reserve Centre or simply 'PP'. The Food and Supplies Department had entered into an arrangement with the Warehousing Corporation, which has its own chain of godowns all over the State including Samana, an overflow of stocks of foodgrains of the department were kept in the Warehousing Corporation godowns. The only person who was authorise to draw stocks from the Warehousing Corporation was the Inspect Incharge. The prosecution case is that Shri Amar Chand, who was then posted as District Food and Supplies Controller, Patiala, received secret information that the accused had committed embezzlement of more than 1100 quints of wheat in his custody. Shri Amar Chand directed the Additional District Food and Supplies Controller Shri Fazal Masih to go and carry out an inspection and make a report. Shri Fazal Masih (PW1) went to Samanas. He checked the godown PR on May 12, 1978, and sealed them. Again, he visited Samana on May 15, 1978, and found that the record maintained by the accused was not complete and he therefore, asked him to complete the record and that he would be visiting Samana again the following day. On May 16, 1978, the accused produced statement Exhibit PB before Shri Fazal Masih (PW1). The statement Exhibit PB was under signature of the accused and according to the statement there was a stock of 1216 quintals 60 kgs. of wheat lying in the Warehousing Corporation godown (for short, WHC godown). As one bag contains one quintal, the total number of bags according to the statement Exhibit PB, were 1217 bags. On May 18, 1978 the department took delivery of the entire balance stock of wheat from WHC godown. The balance found in stock in the WHC godown belonging of the department was only 23 bags. With regard to 99 bags, it was reported that 20 bags had been stolen for which a separate first information report had been lodged and the matter wa sunder investigation, while the remaining 86 bags had been destroyed for various reasons. By deducting the stock actually received from the WHC godown and the number of bags which had been reportedly stolen or destroyed there was a shortage of 894.50 quintals of wheat. The District Food and Supplies Controller, therefore, got the present case registered against the accused on May 14, 1978. After investigation, the police filed a challan and the accused was tried for the offence, as already stated.

(3.) THE plea of the accused in his statement under Section 313 of the Code of Criminal Procedure was one of denial and false implication. He got produced letter dated February 8, 1979 written by Shri Amar Chand, District Food and Supplies Controller to the Director, Food and Supplies, and Joint Secretary to Government, Punjab, in defence.