UNION OF INDIA Vs. DEVI PARSHAD YADAV

JUDGEMENT

(1.) This revision petition is directed against judgment dated 1.10.2011 passed by the Court of Additional Sessions Judge, Amritsar, before whom, judgment dated 22.7.2009 of the learned trial Court had been questioned.

(2.) The respondent herein was accused of having embezzled/ misappropriated the government money while he was working as Cashier and looking after the work of disbursement of salaries. It is the specific case of the prosecution that the respondent was working as Cashier since 1991 and was entrusted with the job of disbursement of salaries and wages to the staff of Northern Railway Workshop at Amritsar, Jalandhar, Dhilwan and Pathankot. On 29.7.1995, a surprise checking of his account was made by the Divisional Cashier, Ferozepur and heavy shortage of cash amounting to Rs. 9,50,865/- was detected. The respondent was unable to justify the shortage, leading to the present proceedings against him. Challan was submitted against the respondent for having violated the provisions of Section 409 IPC. As many as four witnesses were examined by the prosecution in support of its case. While the respondent pleaded false implication under Section 313 Cr.P.C., he also pleaded that the entire incriminating material has not been supplied to him, however, no evidence was led in defence.

(3.) The learned Court of the Chief Judicial Magistrate, Amritsar vide judgment dated 2.3.2004 held the respondent guilty and convicted him under Section 409 IPC against which an appeal was preferred before the Court of Sessions. Vide judgment dated 18.3.2009, the judgment of the learned trial Court awarding conviction and sentence to the respondent was set aside and the matter was remitted back to the learned trial Court with a direction to decide the matter afresh keeping in view the irregularities committed in recording the statement under Section 313 Cr.P.C.