SAKALDEO RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant of this case, Sakaldeo Ram, has been found guilty under Sec. 403 of the Indian penal Code for having committed criminal breach of trust in respect of a soon of Rs. 3,900.31 paise. The period of defalcation is said to be between 30th July, 1960 and 29th July, 1961, that is, one year. The case of the prosecution, in short, is that this appellant was working as the Secretary of Paura Pakri Harijan Labourers' Co -operative Society Ltd. (hereinafter referred to as the "Society"). In this capacity, he used to draw money from the Central Co -operative Bank, Hajipur, and he also realised the loans which the members of the aforesaid Society had taken from the Society and he was to deposit those monies into the Central Co -operative Bark. During the period aforesaid he realised a sum of Rs. 3,900.31 paise and did not account for the same. He did not deposit this money in the Central Co -operative Bank, in spite of efforts made by the Co -operative Extension Supervisor. This Supervisor examined the papers of this Society on the 3rd January, 1962, and detected this defalcation. The local auditors of the Society had also found, as a result of their inspection of the records, that this appellant was in the habit of keeping heavy cash balance with himself for no apparent purpose. The Extension Supervisor submitted a report concerning this defalcation to the Block Development Officer of Lalganj and the latter sent this report to the Sub -divisional Magistrate, Hajipur, who took cognizance of the case and transferred it to the Court of a Munsif -Magistrate for disposal. The learned Munsif -Magistrate held inquiry under the provisions of Chapter XVIII of the Code of Criminal Procedure and committed this appellant to the Court of Sessions to stand his trial.

(2.) The appellant raised a plea in the court below that he was not guilty under the provisions of Sec. 409 of the Indian Penal Code; he did not commit any offence, rather he had been falsely implicated in the case at the instance of the officers of the Society. This plea did not find favour with the learned Fifth Assistant Sessions Judge of Muzaffarpur, who found him guilty under Sec. 409 of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for five years and also to pay a fine of Rs. 4,000/ - or, in default, to suffer further term of rigorous imprisonment for two years.

(3.) Learned counsel for the appellant, Mr. Shivanandan Roy, has not disputed the finding of fact before this Court. His argument has been that, even if the appellant realised this money of the Society, he noted those amounts in cash and other books of the Society, he had no criminal intention and so he cannot be criminally prosecuted. If the Society wants to realise its money, according to learned counsel, a civil suit can be brought against the appellant. He further argued that there was no "entrustment" in the eye of law of the alleged money to this appellant, and, according to the bye -laws of the Society, the Treasurer was responsible for the safe custody of the money; he daily used to sign the cash bock of the Society and so it was his duty to take the money from the Secretary, who under the bye -laws, had nothing to do with any such money.