KALI RAM Vs. DEV VERT

JUDGEMENT

(1.) Kali Ram petitioner, Ex-Headmaster of the Government High School, Julana, has filed this revision petition against the judgment dated 12.5.1988 passed by the Additional Chief Judicial Magistrate, Jind, by which the accused-respondents have been acquitted of the charge under section 409, Indian Penal Code.

(2.) Briefly stated, the facts of the prosecution case are as under:- On 24.5.1985, the petitioner was working as Headmaster in the Government High School, Julana. On his report to the Superintendent Police, Jind, a case under section 409, Indian Penal Code, was registered against the respondents on the ground that they embezzled and misappropriated the funds of the school. A detailed audit report issued by the Senior Auditor of the Office of the District Education Officer, which was conducted in the presence of S.D.E.O., Jind, along with the report of the petitioner was also sent to the Superintendent of Police, which showed embezzlement and misappropriation of the amount of Rs.4393.10 paise by Dev Vert respondent and Rs.1433.00 paise PUNJAB Page 2 of 4 by Balbir Singh respondent.

(3.) In order to prove its case, the prosecution examined P.W. 1 Jagdish Dutt who stated that he remained posted as Clerk in the Government High School, Julana, in the year 1981 and, during that period, Balbir Singh respondent was the Incharge of the Sanchayika of the School and that he did not know as to who succeeded Balbir Singh respondent because he (PW 1) stood transferred in the year 1982. PW 1 proved recovery memo Exhibit PA, vide which the police took into possession various documents. PW 2 Roshan Lal, Science Master, stated that on 5.5.1984 he took charge of Rs.9771/- from Dev Vert respondent and this amount belonged to the children. PW 2 obtained the old Cash Book from M.P. Sharma, SDEO, Jind, and two pages were found tom out of this Cash Book. PW 2 further stated that he did not know as to how many pages were found tom in the Cash Book. PW 2 gave receipt to M.P. Sharma and it was mentioned in the receipt that the Cash Book consists of tom pages. Exhibit PW 2/A is also torn at page 2. Exhibit PW 2/B is the correct copy of the charge report. When the children came to receive the amount, it was found less, PW 2 brought this to the notice of the Headmaster. Documents PW 2/A, PW 2/C and PW 2/D were taken into possession by the police, vide memo Exhibit P A which was attested by PW 2. PW 3 Nafe Singh, Headmaster, stated that he remained posted as Headmaster of the Government High School, Julana, between September 1979 to October 1981 and June 1982 to August 1983; that, during this period, Balbir Singh respondent was the incharge of the Sanchayika fund; that thereafter he was succeeded by Dev Vert respondent; that the amount of Sanchayika used to be deposited by the Incharge; that the amount was used to be withdrawn by him and the papers were used to be signed by the Incharge operating the Sanchayika fund, which used to be attested by PW 3; and that, however, the Incharge was responsible for any embezzlement of the fund. PW 4 Prem Dutt, ASI/I.O., took into possession various records and recorded the statements of PW5. PW 5 Kali Ram is that Headmaster who lodged report Exhibit PW 51 A with the police against the respondents. The report of the auditor is mark A. On 9.10.1987, the case was fixed for the evidence of the prosecution. Earlier, the prosecution was given six long adjournments to conclude its evidence, but the prosecution failed to conclude its evidence. On 9.10.1987, since no witness on behalf of the prosecution was present, therefore, the evidence of the prosecution was closed by the Court.