PRITAM SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS is revision petition by Pritam Singh, from the judgment of Shri Salig Ram Bakshi, Additional Sessions Judge, Ambala City dated March 18, 1969, convicting the Appellant under Section 409 Indian Penal Code and sentencing him to rigorous imprisonment for one year and to pay fine of Rs. 500 or in default of payment of fine to further rigorous imprisonment for three months and under Section 477, Indian Penal Code and sentencing him to rigorous imprisonment for six months and to pay fine of Rs. 200 or in default of payment of fine to further undergo rigorous imprisonment for three months, thereby confirming on appeal the conviction and sentences of the Appellant from the judgment of Shri R.K. Taneja, Judicial Magistrate 1st Class, Ambala City, dated July 11, 1968. The substantive sentences of imprisonment were directed to run consecutively.

(2.) ELECTIONS of the members of Gram Panchayat and to the office of Sarpanch of village Sakhetri were held in 1953. Bir Baksh, Tulsi Ram, Ram Kishan, Chuhar Singh and Achhru Ram were elected as members of the Panchayat. The Petitioner was elected as its Sarpanch. The Petitioner continued as Sarpanch from January, 1953 to December, 1960.

(3.) ON August 29, 1960, Jit Pal Singh Jhanji, P.W. 3 audited the accounts of the Panchayat for the period from July, 1958 to July, 1960. The auditor's note and the inspection note submitted by him to the Inspector of Local Funds is Exhibit P.W. 3/A. He found Rs. 6,593.58 as balance in hand with the Petitioner. He noted that sum of Rs. 1,290 was withdrawn from the Bank Account of the Panchayat and not accounted for. He further discovered that lease money of Rs. 670 received from Sangat Singh lessee of the land of Panchayat leased out to him had not been credited in the account books of the Panchayat. The audit of the books revealed that sum of Rs. 42 received as chulha tax by the Petitioner from the residents of the village in 1960 was not shown as received in the Cash Book. Thus, according to the report of the Auditor, the Petitioner had failed to account for the total sum of Rs. 8,552.15 P. composed of these four items and had been converted by him to his own use. Although the aggregate amount mentioned and given in the charge -sheet and referred to in the two Courts below is Rs. 8,652.15 P. but the total amount of these items comes to Rs. 8.595.58 P. Fresh elections of the Panchayat were held on December 4, 1960. Shrimati Shamsher Kaur, P.W. 9, Sardar Singh, P.W. 14, Dhanna Singh, P.W. 15, Ram Dass, P.W. 18 and Nasib Singh, P.W. 20 were elected as members of the Panchayat while Pohla Singh, P.W. 21 was elected as new Sarpanch. The election to the office of the Sarpanch was also contested by the Petitioner. He lost it to Pohla Singh. Feeling aggrieved of the election of Pohla Singh, as Sarpanch, the Petitioner invoked the writ jurisdiction of the High Court. His writ petition was dismissed on January 21, 1961.