SAKATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE two revision petitions, one filed by Sakatar Singh (No. 224 of 1981) and the other filed by Ajit Singh and Puran Singh (No. 233 of 1981) shall be disposed of by this single order as these arise out of the same incident and are against the same judgment.

(2.) THE petitioners were convicted in both the revision petitions by the learned Magistrate for the offence under Section 409 of the Indian Penal Code, and each of them was sentenced to 15 months rigorous imprisonment. On appeal their conviction and sentence was maintained by the learned Additional Sessions Judge, hence these revisions.

(3.) THE Police informed Karnail Singh, District Food and Supplies Controller, Gurdaspur, who in turn deputed Bulaki Ram, District Food and Supplies officer, Gurdaspur, to check the godowns. He only checked the stocks in godown No. 47, which was close to Octroi Post, Butter, on 5th August, 1970 and his report is Exhibit PW 4/Z. According to this report there was no shortage. The Controller then sent the report to Police Post, Qadian, vide his letter dated 7th August, 1970. Thereafter Chanan Singh, PW 2, took over charge from Sakatar Singh on 12th August, 1970 and then the stocks were rechecked and he found shortage of 72 bags from 3-4 godowns and then the case was registered at Police Station, Sadar Batala vide FIR No. 338 on 29th September, 1970. At the trial the petitioner denied the prosecution allegations. He gave his own version, which is as follows :-