GOVIND SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Both these revisions are being disposed of by a common judgment as they arise out of the same judgment of the learned Court below.

(2.) Govind Singh, Padam Singh and Tilak Raj were charged for offences under Ss. 420, 468 and 120 -B of the Indian Penal Code on the allegations that one Lal Bahadur who had been living at village Ghatoo, Tehsil Nirmand had deposited a sum of Rs. 7,000/ - on 19.4.1990 in term deposit for two years and a sum of Rs. 15,000/ - in a fixed deposit on 22.9.1991 in the Kangra Central Cooperative Bank at Nirmand. He died in March, 1992.

(3.) The prosecution case is that on his death, Tilak Raj accused -Petitioner, who was the Bank Manager, in connivance with Govind Singh, conspired and misappropriated the amount of Rs. 25,799/ - which belonged to the deceased. It was alleged that the words "son of" were obliterated in the deposit receipts and instead the word "and" was inserted. The deposits were in the name of Lal Bahadur son of Govind Ram and by inserting the word "and", the entire character of the deposit was changed enabling and facilitating the accused Govind Ram to withdraw the money in conspiracy with the Bank Manager Tilak Raj. The prosecution story is that one Jara Singh, who was the staff peon, was also involved in this withdrawal. He has not been arrayed as an accused. On appreciation of evidence both oral and documentary produced before it, the learned trial Court found Tilak Raj and Govind Singh (sic Govind Ram) guilty of the offences and Padam Singh the third accused was acquitted. Two appeals were preferred separately by accused Tilak Raj and Govind Singh which were dismissed by learned Sessions Judge.