STATE Vs. KISHAN DAYAL

JUDGEMENT

(1.) These are two Government appeals under Section 417, Criminal P. C., against the acquittal of Kishan Dayal by a first class Magistrate of Bilaspur of offences punishable under Sections 409 and 477A, I. P. C.

(2.) The administration of Bilaspur State was taken over by the Central Government on 13-10-1948, under the Bilaspur State (Administration) Order, 1948. Kishan Dayal held the post of civil Nazir since before that, i.e., since 21 'Katik' 2003 B., (corresponding to 6-11-1946), to 8-3-1949, on which latter date he made over charge of that post to his Naib-Nazir, Paras Ram, and was appointed Reader to the then Deputy Chief Commissioner. About six months State vs. Kishan Dayal (15.01.1952 - HPHC) Page 1 of 5 later, i.e., on 1-9-1949, the District Judge ordered Paras Ram to deposit into the treasury all sums lying with him in the 'Amanat' account. These were sums lying to the credit of various litigants. Paras Ram made a report on 2-9-1949, that he had checked the registers but found a deficit of Rs. 3,000/- odd, and that this related to the tenure of Kishan Dayal as civil Nazir. On the same date the District Judge recorded the statement of Kishan Dayal, which has been characterised as his confession by the prosecution, and made a report to the Chief Commissioner supporting the aforesaid allegations in Paras Ram's report of the previous date. The Chief Commissioner suspended Kishan Dayal on 3-9-1949 and directed that the papers be sent to the Superintendent of Police for registration of a case against him, and that the conduct of Paras Ram be also enquired into. This order appears to have been complied with by the Registrar of the Chief Commissioner only in part, since in the letter addressed by him to the Superintendent of Police the latter was directed to register a case against Kishan Dayal but nothing was mentioned about Paras Ram. The police registered a case against Kishan Dayal on the basis of that communication on 8-9-1949, and on the same date he was arrested.

(3.) After investigation two charge-sheets were submitted by the police against Kishan Dayal on 31-12-1949 for offences under the said sections, one relating to six items of the 'Amanat' register from 3-5-1947 to 9-3-1948 and the other to four items of the same register from 21-10-1948 to 3-1-1949. The Magistrate tried Kishan Dayal separately under the two charge-sheets but found him not guilty of the said offences and acquitted him on 26-2-1951. The present appeals have been filed against those acquittals.