DALIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Criminal revision is directed against the judgment and order dateD 25.10.1994, passed by Shri V.S. Malik, Additional Sessions Judge, Hisar, in Criminal Appeal No. 13 of 1991, whereby he has convicted Dalip Singh-revision petitioner, herein, under Section 408 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 1,000/- or in default to undergo further rigorous imprisonment for three months, thereby dismissing the appeal against conviction and affirming the sentence recorded against him, by Shri P.L. Ahuja, Additional Chief Judicial Magistrate, Hisar, vide order dated 27.2.1991.

(2.) BRIEFLY stated the facts of the prosecution case are as under :- Dalip Singh was Secretary of Dobi Co-operative Credit and Service Society between 23.12.1975 to 6.10.1976. According to the prosecution, he had received a sum of Rs. 22,890.21 from different loanees on account of repayment of the loans by them and the amount of shares from the members of the society. He did not deposit the amount in the credit of the Society nor did he account for the amount and misappropriated the amount although he had been asked time and again by the Inspector, Co-operative societies Hisar, to deposit the amount due to the Society received by him from the loanees of the Society and the shareholders of the society. An Audit was carried out on the account of the Society under the orders of the Assistant Registrar, Co- operative Societies, Hisar and during the course of audit, it was found that he had embezzled an amount of Rs. 22,899.21. Assistant Registrar, Co- operative Societies, Hisar, wrote letter to the Senior Superintendent of Police, Hisar, Ex. PW.9/A requesting him to register the case against the accused-Dalip Singh for having misappropriated funds of the Society. Case FIR No. 2 dated 6.1.1978 was registered against the accused under Section 409 of the Indian Penal Code at Police Station Sadar, Hisar. After investigation, accused was challaned under Section 409 of the Indian Penal Code. Shri Arjan Singh, Additional Chief Judicial Magistrate, Hisar, charged the accused under Section 409 of the Indian Penal Code, vide order dated 19.4.1983. Accused pleaded not guilty to the charge and claimed trial.

(3.) ACCUSED when examined under Section 313 of the Criminal Procedure Code, denied the imputations appearing in prosecution evidence against him and stated that he was merely a helper; he had nothing to do with the receipt of loans from the loanees of the Society or any shareholders of the Society; Sube Singh was then Secretary of Dobi Co-operative Credit and Service Society; he was the nephew of Shri Amar Singh, Inspector, Co-operative Societies and he was implicated falsely by Shri Amar Singh, Inspector, Co-operative Societies with the object of shielding his nephew.