BHARI LAL GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Special Judge, Mandi, vide his judgment dated 30-4-1981 convicted the present appellant under Section 5(1)(c) road with Section 5(2) of the Prevention of Corruption Act (hereinafter referred to as the Act) and sentenced him to rigorous imprisonment for one year and also to pay a fine of Rs. 200.00 Vide the same judgment the learned Special Judge convicted the appellant under Sections 420 and 468 Indian Penal Code and sentenced him to undergo rigorous imprisonment for six months and also to pay a fine of Rs.100/- on each count. Feeling aggrieved, the appellant has approached this Court in appeal under Section 374 Criminal Procedure Code.

(2.) The charge under Section 5(1)(c) of the Act of which the appellant was convicted was founded on the allegations that the appellant in his capacity as a public servant while posted as Accounts Clerk in the Hydle Investigation Division No. III, Mandi and in Ruch capacity entrusted with Rs. 213.95 pertaining to the T.A. Bill of Shri 1.0. Gupta, Overseer, had on 23rd October, 1969 dishonestly and fraudulently mis-appropriated or otherwise converted to his own use the proceeds of the said T.A. bill. The charge under Section 420 Indian Penal Code was founded on the allegations that on or about the same time and place, the appellant had cheated the Executive Engineer, Hydle Investigation Division No. III, by dishonestly inducing him to deliver Rs. 213.95 to the appellant and which was the property of the said Executive Engineer. The third charge under Section 468 Indian Penal Code was founded on the allegations that the appellant had on or about aforesaid date and, place forged an entry in the bill register of his office showing that the T.A. bill of Rs. 213.95 had been returned by the Treasury Officer with some objection though the amount of that T.A. bill had actually been encashed by the appellant.

(3.) Further details of the facts leading to the prosecution and conviction of the appellant need not be mentioned as in my opinion this appeal must succeed on a short point of law as raised by the learned counsel for the appellant.