RAJINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 1/7/2015 passed by learned Additional Sessions Judge-II, Shimla ( learned Appellate Court) vide which judgment of conviction dtd. 30/11/2013 and order of sentence dtd. 27/3/2014 passed by learned Judicial Magistrate First Class, Chopal, District Shimla, H.P. (learned Trial Court) were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present revision are that the police filed a challan against the accused for committing the offences punishable under Ss. 409 and 477-A of the Indian Penal Code (IPC). It was asserted that the accused Rajinder Singh was p sted as 'Gramin Dak Sewak' at Chopal. He misappropriated Rs.7200.00 sent by the Welfare Department as old age pension to Pinjari Devi (PW-13), Mastoo Devi (PW-14), Kalavati (PW-6), Sundroo (PW-9), Jhami Devi (PW-7) and Subhda (PW-5). This amount was recovered by the Postal department, and a complaint (Ext.PW-1/A) was made to the Police. The police registered the F.I.R. (Ext.PW-19/A). Govind Ram (PW-26) investigated the matter. Pratap Singh (PW-1) produced the receipt of Rs.7200.00 (Ext.P-1), which was seized vide memo (Ext.PW-1/B). Thumb impression of the accused (Ext.P-21/A-129 to Ext.P-21/A-138) and finger prints of the victims (Ext.P-21/A-1 to Ext.P-21/A-117) were taken and sent to Finger Print Phillaur for comparison. Kuldeep Singh (PW-27) issued the reports (Ext-PW-27/B and Ext.PW- 27/B-1) stating that the fingerprints of the accused matched the fingerprints purported to have been put by Mastoo Devi (PW-14) on the money order. Statements of the witnesses were recorded as per their version, and after the completion of the investigations, the challan was prepared and presented before the Court.

(3.) Learned Trial Court f und sufficient reasons to summon the accused. When he accused appeared, he was charged with the commission of offences punishable under Ss. 409 and 477-A of the IPC, to which he pleaded not guilty and claimed to be tried.