SIDHESHWAR DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is so preferred by Sidheshwar Dubey against the Judgment of conviction and sentence so passed by the Special Judge, Vigilance, Patna, in Special Case No. 1/1975/12/1983 dated 17th of June. 1989 by virtue of which the sole accused-appellant stands convicted under Section 409 of the Indian Penal Code read with Sections 5(1)(c) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for six months on each count. The sentences are directed to run concurrently.

(2.) The prosecution case, in short, is that Barahampur Mela for the year 1972-73 was so settled by the Block Development Officer, Barahampur, for Rs. 10,500.00 to one Vishwanath Singh and, in consequence thereof, on 30.3.1972 a sum of Rs. 6,000.00 was so deposited by the settlement-holder for which the money receipt was so granted by the present accused-appellant being the Karamchari of that Halka. The second and the last instalment of the balance amount, i.e., Rs. 4,500.00, as per the prosecution case, is again deposited by the settlement-holder Vishwanath Singh for which also the money receipt was so granted by the present accused-appellant to him but, as per the prosecution case, the present accused-appellant being the Karamchari (a public servant) who held the amount of Rs. 4,500.00 so paid to him on 31.3.1972 by the settlement-holder and the said amount is said to have been deposited by him on 12.9.1972 and, thus, the direct charge is of embezzlement of Rs. 4,500.00 from 31.3.1972 to 12.9.1972 and for this temporary embezzlement he has been charged under Section 409 of the I.P.C. and under Sections (5), (2) read with Section 5(1), (C) of the Prevention of Corruption Act.

(3.) After trial the learned Court below, i.e., Special Judge, Vigilance, has come to the conclusion with regard to the prosecution establishing the charge so framed against the sole accused-appellant and he stood convicted and sentenced thereunder, as detailed above, which need not be repeated. It is against this Judgment of conviction and sentence so passed that this criminal appeal is so preferred.