DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN case FIR No. 217 dated 1.7.1978 under Sections 420/467/468/471 of Indian Penal Code of Police Station, Thanesar, vide order dated 5.3.1987 passed by the Chief Judicial Magistrate, Kurukshetra, Gurcharan Singh, Daljit Singh, Lakhbir Singh and Dharampal were convicted under Sections 420/467/471 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for one year each under Section 420 of the Indian Penal Code. They were sentenced to undergo rigorous imprisonment for one year each under section 467 of the Indian Penal Code. They were sentenced to undergo rigorous imprisonment for one year under Section 471 of the Indian Penal Code. They were sentenced to pay fine of Rs. 500/- each under Section 420 of the Indian Penal Code. Substantive sentences of imprisonment were ordered to run concurrently. Prosecution case unfolded at the trial runs as under :-

(2.) IN the year, 1976, Gurcharan Singh was working as salesman of Hansala Agricultural Services Cooperative Society Limited. His son Daljit Singh was the cashier of the society, while Dharmapal accused was the Secretary and Lakhbir Singh-accused was the Assistant Secretary. Daya Sagar was the member of the society. He made no application for taking loan from the society. Demand was raised against him and he moved application to the society that he had never applied for loan to the society nor even took any laon from the society and that if any loan was shown outstanding against him to the society that must have been in consequence of some forgery committed in the records of the society and consequential fraud upon him by the office-bearers of the society. On the complaint of Daya Saga, Sh. Chaman Lal, Inspector Cooperative Societies, Thanesar was deputed to hold enquiry. Enquiry revealed that loan of Rs. 3000/- on 30.1.1976 and Rs. 2000/- on 13.2.1996 was shown to have been sanctioned/advanced to Daya Sagar in the record of the society. In fact, he never applied for the loan nor any loan was advanced to him. Loan documents did not bear the signatures of Daya Sagar. His signatures on the documents were false and forged. Disputed amount was mis-appropriated with the connivance of Gurcharan Singh, Daljit Singh, Lakhbir Singh and Dharmpal. During enquiry, Gurcharan Singh admitted his liability to the tune of Rs. 5000/-. He had given writing to this effect to Daya Sagar where he undertook that he would pay the said amount with interest upto 20.9.1977 to the society. Gurcharan Singh, however, deposited only Rs. 1460/- as principal and Rs. 1040/- as interest in the bank. The remaining principal amount of Rs. 3540/- and the remaining amount of interest was not deposited by Gurcharan Singh. Notice was sent to all the accused for depositing the amount in the bank but to no effect. Sh. Maha Singh, Assistant Registrar, Cooperative Societies, Kurukshetra wrote letter Ex. PA dated 9.6.1978 to the Superintendent of Police, Kurukshetra. Case FIR No. 217 dated 1.7.1978 was registered at Police Station, Thanesar under Sections 420/467/468/471 of the Indian Penal Code against Gurcharan Singh, Daljit Singh, Lakhbir Singh and Dharampal. During investigation, it transpired that Daljit Singh cashier was authorised to distribute the LPO as per proceedings book and Dharampal secretary was authorised to scribe the proceedings. Tamasakhs (bonds) were found to have been scribed by Lakhbir Singh. Daya Sagar produced writing given by Gurcharan Singh under his signatures in the presence of Jarnail Singh whereby he undertook the liability of the disputed amount. After investigation, accused were challaned.

(3.) DISMISSAL of the appeals of Gurcharan Singh and Dharampal has not dampened their spirits and they have come up in separate criminal revisions to this Court, namely Crl. Revision No. 1044 of 1987 filed by Gurcharan Singh and Crl. Revision No. 1043 of 1997 filed by Dharampal. Both these criminal revisions will be disposed of through this common judgment as they arise from the same order of conviction and sentence.