STATE OF HIMACHAL PRADESH Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The present appeal is maintained by the appellant -State of Himachal Pradesh against the judgment of acquittal of the accused in a case under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code, passed by the learned Addl. Chief Judicial Magistrate, Chamba, District Chamba, dated 17.12.2009, in Criminal Case No.429 - I/05/2000/187 -II/05/2000.

(2.) Briefly stating the facts giving rise to the present appeal are that accused/respondent (hereinafter referred to as accused) was working as Sub Inspector in Food and Civil Supply Office Chamba, District Chamba. On 2.6.1984, the accused was entrusted to control the charge of Tundah, Durgathi and Runukothi Food grains godown in District Chamba. As per the prosecution story, charge was duly handed over to the accused and had received the balance wheat which was lying in the said godown of department pertaining to the year 1984 -85. Charge of godown of Tundah was handed over to the accused on 8.6.1984 by Shri Rakesh Kumar, Inspector Food and Civil Supply department at Holi. At the time of receiving the charge on 8.6.1984, there was 117 Qt. 79 K.G 500 grams wheat in the stock, in the godown of Tundah. In the intervening period 6/84 to 3/85, the accused had received 411 Qt. 44 K.G wheat for selling and distributing, therefore, total 529 Qt. 23 K.G 500 grams wheat was in the stock upto said period. Out of entire stock, 404 Qt. wheat was sold by accused upto 31.3.1985 and found that 125 Qt. 23 K.G 500 grams wheat was lying in the stock. As per entry, in the stock for the financial year 1985 -86, 125 Qt. 23 K.G 500 grams wheat was in the balance of the said godown and accused received 340 Qt. 25 K.G 500 grams wheat in the said godown. On physical checking, an excess wheat of 16 K.G 500 gram was found in the stock of said godown. Therefore, in the stock total balance of wheat was 465 Qt. 68 K.G 500 grams. Out of said stock, accused had sold 440 Qt. plus 15 Qt. i.e. total 555 Qt. wheat and was left with 10 Qt. 68 K.G 500 grams wheat on 31.3.1986, as per the entries in the stock register.

(3.) Further the case of the prosecution is that on 6.3.1986, the accused received 420 Qt. 60 K.G. 500 grams wheat from Contractor, Ram Krishan, who was deployed by the department to carry the wheat and hand over to the said godown. After receiving the same 420 Qt. 60 K.G 500 grams wheat by the accused, he did not enter the same in the stock register and as per entry in the stock register on 31.3.1986, he had shown only 10 Qt. 68 K.G. 500 grams wheat in his stock. In the year 1986 -87, after showing the wrong balance of 10 Qt. 68 K.G 500 grams wheat, on 3.6.1986 received 178 Qt. 67 K.G wheat from Shri Rishi Ram, Contractor, deployed by the department to carry and hand over the wheat to the accused. After receiving the wheat accused issued the receipt of receival to said Contractor on 16.12.1986. The accused, instead of entering 178 Qt. 67 K.G. wheat in the stock register, intentionally with object to cheat the department, entered 40 Qt. wheat in the stock register and remaining 138 Qt. 67 K.G. wheat was misappropriated by him. The value of the said wheat was Rs.260/ - per Qt., on calculating at this rate, it comes out to Rs.36,054.20/ - and the said amount is alleged to be misappropriated by the accused. It is alleged that in the stock register, the accused had wrongly mentioned 50 Qt. 68 K.G 500 grams wheat as a balance lying with him at Tundah godown, out of which, he had sold/distributed 20 Qt. wheat and as per balance on 31.5.1986, 30 Qt. 68 K.G 500, was lying balance in the said register. As per voucher No.2, dated 23.6.1986, Rs.2100/ -, sale proceed of 15 Qt. wheat was deposited by the accused, which amount was less then actual sale proceed of said 15 Qt. of wheat and Rs.336/ - were misappropriated by the accused. As per the stock 15 Qt. 68 K.G 500 grams wheat was lying in the godown of Tundah to which the accused deployed by the department, but on 5.6.1986, at the time of giving charge, vide letter No.FDS(B) -2 -ESTT -86/3617 -19 dated 4.6.1986, there was zero stock which was handed over by the accused to Mohinder Singh, Inspector Food and Civil Supply Department, Bharmour. The accused has misappropriated 15 Qt. 68 K.G. 500 grams wheat, which on calculating at the rate of Rs.260/ - per Qt, comes out to Rs.4,078.10/ - and the said amount was also misappropriated by the accused in the year 1986 relating to Tundah godown. It is further alleged that during the year 1984 to 1986, accused misappropriated the wheat and its sale proceed. Accused had received 420 Qt. 60 K.G 500 grams wheat at the rate of Rs.264.25/ - per Qt. from contractor Ram Krishan which he had misappropriated, which on calculating comes out to Rs.1,11,144.85/ -. Similarly, the accused had received 138 Qt. 67 K.G wheat from Rishi Ram, contractor, the value of the said wheat was Rs.260/ - per Qt, on calculating the said wheat, the sale proceed thereof comes out to Rs.36,054.20/ - and accused misappropriated the said amount. Accused deposited the sale proceed of 15 Qt. wheat in treasury, vide voucher No.2 dated 2.7.1986, which is Rs.336/ - less than the actual sale price and the said amount has been misappropriated by him. Further, 15 Qt. 68 K.G 500 gram was found less at the time of handing over the charge to Mohinder Chand, value of the said wheat was Rs.260/ - per Qt. which comes to Rs.4,078.10/ - and the said amount had been misappropriated by the accused. Further, during the period from 6/1984 to 6/1986 the accused had misappropriated 574 Qt. 96 K.G wheat from Tundah godown whose sale proceed was Rs.1,51,613.15/ -. Therefore, case of the prosecution is that the accused has misappropriated a sum of Rs.1,51,613.15/ - and has committed the offences punishable under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code.