HARCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed by Harcharan Singh (hereinafter described as the petitioner) assailing the judgment of the learned Chief Judicial Magistrate, Sangrur dated January 30, 1986 and that of the learned Additional Sessions Judge, Sangrur dated November 17, 1987. The learned Chief Judicial Magistrate had held the petitioner guilty of the offence punishable under Section 409 Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 5,000/-. In default of payment of fine, the petitioner was to undergo further rigorous imprisonment for one year. The appeal filed by the petitioner was dismissed by the learned Additional Sessions Judge, Sangrur.

(2.) THE relevant facts are that the petitioner was working as a Store-keeper of the Punjab School Education Board Sale Depot at Sangrur. The verification of the articles of the store and the accounts was done under the orders of the Punjab School Education Board from February 02, 1981 to February 09, 1981. The audit party reported that there was shortage of books and forms worth Rs. 92,216.77. This shortage was alleged to have occurred while the petitioner was in custody of the said articles and was posted as Store-keeper. The petitioner had admitted the shortage in writing. A report in this regard was made to the Police Station and First Information Report was recorded against the petitioner. The actual checking and physical verification of the stock was undertaken by Sadhu Ram in presence of Piara Singh, Kishan Lal Khanna and Mangat Rai. After the investigation was completed, report under Section 173 Code of Criminal Procedure was submitted.

(3.) THE main argument advanced by the learned counsel for the petitioner has been that even if it be assumed for the sake of argument that shortage occurred while the petitioner was the Store-keeper, still when there is nothing further that has been proved, it cannot be taken that offence under Section 409 Indian Penal Code is proved.