BACHANA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition under Section 401 of the Code of Criminal Procedure (in short 'the Code') lays challenge to the judgment dated 04.03.2006 passed by the Additional Sessions Judge (Fast Track Court) Kurukshetra whereby the appeal preferred by the petitioner against his conviction and sentence by the trial Court for committing offence punishable under Section 409 of the Indian Penal Code (in short 'IPC') was dismissed and as a result his conviction and sentence were affirmed. On 06.04.1989, letter No.597 dated 04.04.1989 was received at Police Station City Thanesar from D. S. Rathi, Sub Divisional Officer, Sub Division HSEB Kurukshetra stating that a a sum of Rs.1,15,927.97/ - was handed over to Bachna Ram, LDC(Cashier) working in the Sub Division on 12.07.1988 for deposit in State Bank of India, Thanesar in the main account of HSEB but the amount was not deposited by him as verified from the bank and certified by the Bank Manager on 03.04.1989 vide letter No.BM31/47. On seeking clarification from Bachna Ram on 03.04.1989 at about 1.15 PM, he slipped away from the office by making lame excuse and absented from duty w.e.f. 03.04.1989 afternoon till date.

(2.) ON the basis of information sent by the concerned SDO, formal FIR was registered against the petitioner. During investigation, the statement of witnesses were recorded and accused was arrested. On completion of investigation, challan was presented in the Court The accused was charged for committing offence punishable under Section 409 IPC to which he pleaded not guilty and claimed trial. To prove its case, the prosecution examined Ashok Kumar, LDC PW1, Kayal Krishan Sharma PW2, Kundan Lal Gandhi PW3, Vikram Kapoor PW4, Pritam Singh PW5, Zile Singh PW6, Gulshan Rai PW7, D.S. Rathi PW8.

(3.) THE statement of accused under Section 313 of the Code was recorded wherein he denied incriminating circumstances put to him. However, he did not lead any evidence in defence.