JIWAN DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRIMINAL Revision No. 245 of 1992 (Jiwan Das v. State of Haryana) and Criminal Revision Petition No. 257 of 1992 (Mittar Pal Yadav v. State of Haryana) are directed against the some judgment dated 28.3.1992 by which the Additional Sessions Judge, Rohtak dismissed the appeals of both the petitioners and upheld the judgment/order dated 22/25.7.1991 passed by the Sub Divisional Judicial Magistrate, Bahadurgarh, by which each of the petitioners was convicted under Section 409, Indian Penal Code, and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3000/ - and, in default of payment of fine, to undergo further rigorous imprisonment for 3 months. Both the revision petitions will be disposed of by this judgment.

(2.) BRIEFLY stated, the case of the prosecution, as narrated in the letter dated 16.6.1982 written by Ram Murti Manroa, Senior Technical Officer of the Government Heat Treatment Centre, Bahadurgarh to the Senior Superintendent of Police, Rohtak, is as under : -

(3.) THE accused were posted in the office of the Government Heat Treatment Centre, Bahadurgarh and, on 23.2.1982, they were authorized to take 10,000 litres of light diesel oil from the Indian Oil Corporation, Delhi, and, for that purpose, an authority letter as well as a Bank Draft in the sum of Rs. 28,275.83 paise were given to them. After depositing the said Bank Draft with the Indian Oil Corporation, the delivery of 10,000 litres of light diesel oil was to be taken by the accused -petitioners. The accused went to Delhi on 24.2.1982 and 25.2.1982, but did not bring the oil, in question, and informed the office that as the tanker was not available, they would bring the diesel on 26.2.1982. Since both the accused -petitioners did not turn up till 5 -00 p.m. on 26.2.1982, so, Ram Murti Manroa, complainant orally asked Roshan Lal, Junior Technical Officer, and Ram Singh, Electrician, that, as and when Jiwan Dass and Mittar Pal Yadav brought the diesel oil, then, after unloading the tanker, they be asked to report to him at his residence. On 26.2.1982 at about 10 -00 p.m., Jiwas Das, accused -petitioner along with Roshan Lal came to complainant Ram Murti Manroa's residence where Jiwas Das informed him that the entire 10,000 litres of oil had not been brought. The complainant told Jiwan Dass that it was the joint responsibility of both Jiwan Dass and Mittar Pal, accused -petitioners, to bring the complete quantity of 10,000 litres of oil to the office and asked them why they had brought less oil in the tanker. The complainant ordered that the driver be asked that he along with the tanker should not leave the premises of the office till the next day, i.e., 27.2.1982. The complainant asked both the accused -petitioners that, if they had committed any embezzlement of oil, then in that event they should complete the quantity of 10,000 litres of oil before opening of the office on 27.2.1982. However, on 27.2.1982, 4300 litres of diesel oil was found less on measurement. On an enquiry from the Indian Oil Corporation, Delhi, the accused - petitioners were found to have taken the delivery of 10,000 litres of oil on 26.2.1982 at about 2 -00 p.m. Jiwan Dass accused -petitioner had also given in writing on 2.3.1982 that he would be completing the quantity of 10,000 litres of oil and so, his case may not be referred to the Head of the Department.