NIRMAL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Nirmal Kumar has filed this appeal against the judgment of conviction and order of sentence dated 1.10.2002/9.10.2002 passed by learned Additional Sessions Judge, Sonepat, whereby he has been held guilty and convicted for the offences under Section 467, 468, 471, 409 and 435 of the Indian Penal Code (hereinafter referred to as 'IPC'). He has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/- for the offence under Section 409 IPC. He has also been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/- for the offence under Section 467 IPC. He has also been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/- for the offence under Section 471 IPC. He has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- for the offence under Section 468 IPC. He has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- for the offence under Section 435 IPC. In default of payment of fine, he shall further undergo rigorous imprisonment for six months. All the sentences awarded against the accused-appellant have, however, been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that on 26.10.1998, Dharamvir Sehrawat, Manager, Punjab National Bank, Khanpur Kalan (Sonepat) gave an application to the SHO Police Station Gohana to the effect that on that day at about 3.30 p.m., there was a smell of burning from the cabin of Head Cashier Nirmal Kumar. When they reached the cabin, they found that the currency notes were burning. After inquiry and duly checking the record, they found that Rs. 5,67,086/- were less and a sum of Rs. 38,502/- were found burnt, which had been kept in the safe custody of the Bank. Nirmal Kumar had also given a writing that he made forged entries in various accounts and to fill-up these discrepancies in the accounts, he himself had burnt the record with the help of a candle. The complainant along with Kamlesh and Parveen Kumar had extinguished the fire. On the basis of this application, formal FIR was registered.

(3.) Accused was formally arrested. Documents were taken into Police possession. The statements of witnesses were recorded. Site plan was prepared. After necessary investigation, challan was presented in the Court.