STATE OF PUNJAB Vs. MANGAL RAM & ORS

JUDGEMENT

(1.) The contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant appeal and emanating from the record, is that, during the course of checking and auditing the record of the Bakhlaur Co-operative Agricultural Service Society Limited, Bakhlaur (for brevity "the complainant-society"), some discrepancies were noticed by the Audit Staff. Therefore, in the wake of letter (Ex.P1) written by the Inspector of the complainant-society, the present criminal case was registered against respondents-accused Mangal Ram (Cashier) son of Seeba, Subash Chander (Secretary) son of Amar Nath and Dharam Lal Singh (President) (since deceased), vide FIR No.271 dated 30.5.1985, on accusation of having committed the offences punishable under Sections 408, 468, 477-A and 120-B IPC by the police of Police Station Nawanshahr.

(2.) After completion of the investigation, the police submitted the final police report (challan) against the respondents-accused. Consequently, they were charged for the commission of offences punishable under sections 120-B, 468, 471, 477-A and 408 IPC by the trial Court, by means of order dated 7.11.1987 and the case was slated for prosecution evidence.

(3.) The prosecution, in order to substantiate the charges framed against the respondents-accused, examined PW1 K.K.Sharma, Deputy Registrar, PW2 Jaswant Singh Sub Inspector, PW3 Ashok Kumar, PW4 Dharam Singh, PW5 Gurpal Singh SI/SHO, PW6 Mandir Singh, PW7 Ravinder Singh, PW8 Smt.Bachni, PW9 Yudhbir Singh, PW10, Kashmiri Lal and PW11 Sampuran Singh Inspector in oral evidence. The prosecution has also placed reliance on the recovery memos (Ex.PA) (Ex.PB), proceedings (Ex.PC to Ex.PF), cash book (Ex.PH & Ex.PJ), receipt (Ex.PK), letter of society (Ex.PL), police report (Ex.P3/A), Khatta (Ex.P5), entry in the Rokar (Ex.P10), entries (Ex.PW11/Z-28), (Ex.PW11/Z-34 to 50), (Ex.PW11/Z-Y), Khatta (Ex.PW2/D) etc. in documentary evidence.