STATE OF HARYANA Vs. PARMANAND

JUDGEMENT

(1.) JAI SINGH SEKHON, J. :- Parmanand, accused-respondent, while posted as a Secretary of Lehdola Co-operative Credit and Service So ciety from Apr. 1976 to Oct. 1980 is alleged to have. recovered a total of Rs. 17864-64 paise on behalf of the Society from its different members and failed to deposit the same in the account of the Society, but embezzled the same by creating false record. It is further averred that the accused had received Rs. 2612.00 from Shiv Charan son of Munsi against a kacha receipt and after making an entry in the personal ledger of this member. On 17-5-1980, the accused also received a sum of Rs. 1300.00 from Ganga Lal son of Teja and made an entry in his pass-book. He also alleged to have received Rs. 200.00 from Data Ram and an entry in his pass-book was also made. This amount was neither reflected in the cash-cum-day book of the society, nor deposited in the Bank. The case against the appellant was registered on the report of the Vigilance Department. After completion of investigations he was arraigned for trial on such like allegations. During the investigation of the case, the accused is alleged to have made confessional statement Exhibit PB before Sh. Vishnu Dutt Gaur, Executive Magistrate-cum Tehsildar (PW 1).

(2.) The trial Court framed charges for offences under Ss. 408, 467, 471, 477-A of the IPC. The accused, however, pleaded not guilty of the charge and claimed for trial.

(3.) Before the trial Court in order to prove its above referred case, the prosecution examined twelve witnesses. Thereafter, the trial court closed the evidence of the prosecution vide order Dt. 31 -10-1988.