JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is preferred by appellant - Jaswant Singh against the impugned judgment and order dated 03.12.2002 passed by learned Additional Sessions Judge, Patiala wherein the appellant has been convicted and sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs. 3,000/ - and in default thereof, to further undergo rigorous imprisonment for four months for the offence punishable under Section 409 IPC. He was also sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs. 1,000/ - and in default thereof, to further undergo rigorous imprisonment for one month for the offence punishable under Section 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, 1988. Both the sentences were ordered to run concurrently.

(2.) AS per the prosecution case, information was received by the Vigilance Bureau that the appellant was working as Sarpanch of village Ghunder. A part of the available cultivable land of the Panchayat was auctioned on 30.04.1994 for the year 1994 -95 for a sum of Rs. 3,99,000/ -. A sum of Rs. 70,000/ - was deposited by the appellant on 02.05.1994 and a sum of Rs. 1,60,000/ - was deposited on 21.10.1994 in the account of the Panchayat. A sum of Rs. 1,69,000/ - was not deposited by the appellant and he has misappropriated this amount to his own use. Therefore, he was guilty for the commission of the aforementioned offences having embezzled the amount of Rs. 1,69,000/ -. The appellant was arrested on 20.08.1996. On interrogation, the appellant suffered a disclosure statement (Ex.PE) on 21.08.1996 to the effect that he had kept concealed the record of the case in a trunk concealed in the haystack at his home and he could get the same recovered.

(3.) AFTER obtaining sanction for prosecution from the Deputy Director, Panchayat, the challan/report under Section 173 Cr.P.C. was presented against the appellant. The charge against the appellant was framed to which he pleaded innocence and claimed trial.