SARDARA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SARDARA petitioner and his co-accused Nanhu Ram were brought to trial before the Sub-Divisional Judicial Magistrate, Narwana, on the charge under Section 409, Indian Penal Code and having been found guilty thereunder, Nanhu Ram was convicted under the substantive charge of Section 409, Indian Penal Code, whilst the petitioner was convicted under Sections 409/109, Indian Penal Code and each of them was sentenced, to 3 years' rigorous imprisonment and, a fine of Rs. 2000/ -. On appeal, the learned Additional Sessions Judge, Jind, upheld their conviction and sentence. Feeling aggrieved, Sardara petitioner has now come up in revision.

(2.) THE facts giving rise to this revision are very few and simple. There is a Khanpur Co-operative Agricultural Service Society Ltd. Khanpur (for short, the Society ). Nanhu Ram as well as Sardara petitioner used to be the Cashier and Secretary, respectively, of the said Society. Brij Lal Garg was the Sub-Inspector of the Society and he used, to look after its work. It is alleged that Nanhu Ram Cashier was an illiterate person while Sardara, Secretary, used to do all the writing work in the registers of the Society. Sh. K. N. Kapur, Assistant Registrar, Cooperative Societies, Jind, checked the accounts of the Society and found that Nanhu Ram and Sardara in connivance with Brij Lal Garg had misappropriated the amount of Rs. 50139/-of the Society after making fictitious entries in the tamasak. Consequently, the first information report was lodged at the instance of Sh. K. N. Kapur and both the accused were arrested. After necessary investigation, they were challaned and sent up to take their trial. Brij Lal Garg was also summoned by the Court but later on he was discharged.

(3.) THE prosecution examined as many as 40 witnesses. Most of them are loanees, who have stated, that they did not borrow the amounts shown against them in the record of the said Society. Several material witnesses are employees of the Bank, who have proved the payment of Rs. 50,000/- to Nanhu Ram Cashier on the attestation of Sardara petitioner. The accused denied the prosecution allegations and, pleaded false complicity in the case but led no evidence in defence.