RAM KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition is directed against the judgment dated 11.7.1992, whereby the Additional Sessions Judge, Gurgaon, had up-held the order of the trial Magistrate convicting the accused for an offence punishable under Section 409 IPC and sentencing him to undergo rigourous imprisonment for one year and to pay a fine of Rs. 2000/- and in default of payment of fine, to undergo further rigourous imprisonment for three months.

(2.) THE facts of the case are that appellant Ram Kishan had been employed with the Haryana State Electricity Board as a Cashier. On 14.9.1984, he was deputed to collect the cash of the energy bills from various persons of village Samaspur. On return from the village, he handed over a sum of Rs. 12171.10 to the Head Clerk, K.M. Bhatnagar and the corresponding entries were made in the relevant record. On a comparison of the receipts issued by the accused, it was found hat the amount collected by him was, in fact, Rs. 13804.55 and as such, an amount of Rs. 1633.45 had not been deposited. It was further found that he had issued three receipts bearing numbers 169 to 171 from book No. 1310 for Rs. 100/-, Rs. 85/- and Rs. 600/- respectively, totalling Rs. 785/- and this amount too had not been accounted for in the office. The Sub Divisional Officer (Operation) of the Haryana State Electricity Board, thereafter, made a written complaint, Ex.PW-13/A dated 19.9.1984 to the police and after investigation, a case was registered against the accused under Section 409 IPC on 1.10.1984. During the course of the investigation, the accused also deposited the amount that had been allegedly embezzled.

(3.) MOST of the prosecution witnesses, who were produced to prove that various sums of money had been entrusted to the accused on the date in question, resiled and were declared hostile. The Courts below, however, relied on the evidence of two witnesses, whose evidence was found to be material, i.e. PW-3 Devi Dayal and PW-4 Balbir Singh, who supported the prosecution case and categorically stated that they had entrusted certain amounts to Ram Kishan accused on the date in question. The statement of PW-12 Krishan Mohan corroborated the above version and proved that the receipts Nos. 169 of 171 were in the handwriting of the accused. The accused was accordingly convicted by the trial Court, and the appeal filed by him was also dismissed.