KHAYALI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of appeals filed by appellants Khayali Ram and Vashu Dev Sharma against the judgment of the Court of learned Special Judge, Solan, dated 19.11.1999/20.11.1999, vide which both the appellants, were sentenced to rigorous imprisonment for a period of two years under Section 409 IPC and a fine of Rs. 3000/ - against each of them. Both the appellants were further sentenced to two years rigorous imprisonment under Section 13(2) of the Prevention of Corruption Act and a fine of Rs. 3000/ - against each of them. Both the sentences were to run concurrently rigorous imprisonment for a period of two months under each count.

(2.) BRIEFLY stated the facts of the case are that Khayali Ram, appellant was working as Clerk -Auditor in H.P. Khadi Gram Udyog Board, Solan, and he was entrusted with an amount of Rs. 4200/ - and Rs. 6780/ - pertaining to loan instalments of Shri Gulshan Kumar and Shri Ganesh Dutt respectively. It was alleged that he committed breach of trust and misappreciation in respect of the said amounts by conspiring with his co -accused Vashu Dev. The allegations against the appellant Vashu Dev are that he was working as Assistant Development Officer in the same Board and in such capacity, he received a sum of Rs. 4621/ - from Harbhajan Singh against loan instalment, but he did not deposit the amount in Government Treasury and he committed this act in furtherance of criminal conspiracy between him and Khayali Ram, co -accused and misappropriated this amount in connivance with the other accused.

(3.) I have heard learned Counsel for the parties and have gone through the record. In the Case of appellant Khayali Ram :