PRITAM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal revision filed by Pritam Chand against the order of Additional Session Judge Kurukshetra dated 15.9.1987 affirming the order of Chief Judicial Magistrate, Kurukshetra dated 15/16.1.1985 convicting and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- or in default to undergo further rigorous imprisonment for three months.

(2.) THE prosecution case in brief is that Pritam Chand was a Clerk in the office of Assistant Soil Conservation Office, Kurukshetra in the year 1977. He was holding charge of government money. He absented on 7.10.1977. He could not be traced. On 10.10.1977, telegram was sent to him on his home address that he should turn up on duty but to no effect. A registered letter was sent to him on 10.10.1977 by the office of Assistant Soil Conservation Officer, Kurukshetra which was received back undelivered. Since he was holding the charge of government money, it was apprehended that he had quietly decamped with government money and was avoiding resumption of duties for the same reason. Shri Pritam Chand sent two leave applications for the grant of leave which was refused. First leave application was received in the office on 20.10.1977 and second leave application was received in the office on 31.10.1977. In the leave applications, he did not indicate his address and as such he could not be contacted. While leaving the station he did not hand over the charge of government cash and also the keys of the safe which were with him. Shri R.N. Chaudhary, Assistant Soil Conservation Officer wrote letter Ex. PD to S.H.O. Police Station Sadar Thanesar on 4.11.1977. Case F.I.R. No. 58 dated 8.2.1978 was registered against Pritam Chand at Police Station, Sadar Thanesar. During investigation, it was found that there was cash in hand to the tune of Rs. 2,696.82 with the accused as balance cash. On 15.6.1978, the safe was broken so as to see if there was any cash to the tune of Rs. 2,696.82 in the safe. In the safe, a sum of Rs. 19.18 was found. Accused was thus found to have embezzled the remaining amount of Rs. 2,677.64. After investigation, accused was challaned under Section 409 I.P.C. Accused was charged under Section 409 I.P.C. by the Chief Judicial Magistrate, Kurukshetra vide order dated 4.2.1980. Accused pleaded not guilty to the charge and claimed trial.

(3.) HAVING failed to secure acquittal in the Court of Chief Judicial Magistrate, Kurukshetra, accused knocked the door of the Court of Session through revision where also he met the same fate.