NEKI RAM Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THE appellant and Amar Singh, who is appellant in Appeal No. 1168 of 1970, were convicted by the learned Additional Sessions Judge, Karnal, under sections 406, 467 read with section 34, and under section 120 -B, Indian Penal Code, and were sentenced - -

(2.) THE prosecution case, in brief, is that there was Songal Cooperative Agricultural Farming Service Society (hereinafter called the Society) in village -Songal. In the year 1964, Puran Singh was the President, the appellant was the cashier, Zile Singh was Secretary and Amar Singh was one of the members of the Society. The appellant and Amar Singh were fast friends. The appellant was running a depot in his house for the supply of sugar, kerosene oil and fertilizers and had been distributing the same to the villagers. A decision was taken by the Society that a loan of Rs. 10,000/ - be raised from the Kaithal Branch of the Central Cooperative Bank, Karnal, (hereinafter called the Bank) for distribution of the same to its members. On March 28, 1964, the appellant accompanied by Amar Singh went to the Bank, carrying the necessary application for loan (Exhibit P.K.) bond (Exhibit P.H.) balance sheet (Exhibit P.Q.) and demand list (Exhibit P.R.) and on the basis of the said documents the appellant obtained the amount of Rs. 10,000/ - as loan from the Bank on behalf of and for the society. Amar Singh attested the payment voucher.

(3.) THE facts, that in the years 1964, Puran Singh was the President the appellant was the cashier and Amar Singh was one of the members of the Society, that on March 28, 1964, the appellant obtained Rs. 10, 000/ - as loan from the Bank for and on behalf of the Society and Amar Singh had then accompanied him to the Bank and was present when the said amount was paid to him, and that once again the appellant had obtained on April 22, 1964, Rs. 4000/ - as loan for and on behalf of the Society, are amply proved on record and are admitted.