STATE OF PUNJAB Vs. JARNAIL SINGH

JUDGEMENT

(1.) THE State has filed this appeal against the judgment dated 9.10.1992 passed by the Judicial Magistrate Ist Class, Ludhiana vide which he has acquitted accused Jarnail Singh from the charge levelled against him under Section 409 IPC in case FIR No. 11 dated 16.1.1985 registered at Police Station Sarabha Nagar, Ludhiana.

(2.) THE aforesaid FIR was registered against the respondent on the basis of the written complaint dated 14.12.1984 made by the Executive Engineer, Punjab Water Supply and Sewerage Board, Division No. 1, Ludhiana. In the complaint, it was alleged that in March 1984, the physical verification of various cement stores of Punjab Water Supply and Sewerage Board, Division No. 1, Ludhiana, was conducted by senior officials of the Board and shortage of 4857 Nos. of cement bags valuing Rs. 3,15,705/- was detected. As a follow up action, an enquiry was held in which P.S. Mohil, SDE, who was incharge of the Stores, Sub Division before R.S. Cheema, SDE, Jarnail Singh, JE, incharge, Cement Stores and Hans Raj, JE, who held the charge of Cement immediately before Jarnail Singh, were charge-sheeted. Consequently, P.S. Mohil and Jarnail Singh accused were placed under suspension, and Hans Raj, who was on deputation from Public Health department, was also departmentally proceed with by the said department. On the said complaint, Senior Superintendent of Police, after obtaining the opinion of A.D.A. (Legal) ordered registration of a case only against accused Jarnail Singh under Section 409 IPC. Subsequently, charge was framed against the respondent accused under Section 409 IPC to which he did not plead guilty and claimed trial.

(3.) AFTER considering the evidence led by the prosecution, the learned trial Court came to the conclusion that the prosecution has miserably failed to prove the entrustment of the misappropriated cement bags to the accused. It has been found that the stock verification of the cement on various godowns was conducted in March, 1984 whereas the respondent accused was transferred from the alleged store on 28.12.1983 and thereafter the charge was taken over by one Raj Pal Sharma, Junior Engineer. It has been also found that the shortage of 4857 cement bags was detected on verification from six godowns and the prosecution has not led any evidence to prove that accused Jarnail Singh had a control over all the stores/godowns. The prosecution has not led any evidence that all the stores/six godowns were in the charge of accused Jarnail Singh. The prosecution witnesses i.e. PW1-Rai Singh Sandhu, Sub Divisional Engineer and PW2-D.S. Bakshi, Executive Engineer could not point out whether Jarnail Singh or Raj Pal Sharma were the incharge of the cement stores. PW9- Prahlad Singh, who was Sub Divisional Engineer from 29.5.1981 to 7.11.1983 has stated that when the accused Jarnail Singh was working under him as incharge of the stores, no shortage of cement was found from the accused. It has been further held that even in the enquiry report, copy which had been placed as Ex.PW11/8, the respondent accused was not found solely responsible for the alleged shortages and it was found that the possibility of the involvement of the other officials in the alleged shortage cannot be ruled out. In light of this evidence, the trial Court acquitted the respondent while holding that the prosecution has failed to prove the entrustment of the cement bags to the accused.