RAM CHANDRA GOSWAMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal Nos. 414, 427, 440, 446, 448 and 457 of 1983 arising out of special Case No. 16 of 1977 have been heard together and are disposed of by this common judgment.

(2.) FOR appellant Mahendra Narain Sah the learned Counsel for the appellant has said that he has died on 19-4-1989. Since, there is no sentence of fine against him, so his appeal, bearing Cr. A. No. 446 of 1983 has abated. Now, out of seven accused appellants, six appellants as detailed above are for consideration.

(3.) D.N. Singh, Deputy Manager (vigilance), Office of the Regional Manager, Food Corporation of India (for short F.C.I.) has submitted a report (Ext. 5/1) dated 29-4-1977 on the basis of which first information report (Ext. 29) was registered for the occurrence from October, 1975 to 7th of June, 1976 in respect of the food shortage in the depot of the F.C.I. at Muzaifarpur. Appellant Ram Chandra Goswami was posted as depot incharge of the F.S.D.F.C.I., Muzaffarpur appellant Shabir Ahmad was the incharge of the two sectors of the aforesaid depot at Muzaffarpur, appellant Mehendra Narain Sah A.G. II staff was attached to the aforesaid depot, Narain Mahto A.G. II staff was attached to sector A, appellant Jagannath Singh A.G. III staff was attached. to the depot and was incharge of movements, appellant Madhu Sudan Singn A. G. III was attached to Sector A. The whole depot was divided into two sectors, A and B and both the sectors consisted of three sheds each. Ram Chandra Goswami was godown incharge of entire depot and Shabir Ahmad was incharge of both the sectors of the depot. A.G. III staff attached to the sectors had to assist both Ram Chandra Goswami and Shabir Ahmad in day to day functioning of the depot. Himmat Singh was Assistant Superintendent of Muzaffarpur F.S.D. in March, 1976. He found the arrangement of the stocks of wheat in the godown was not proper and much of the quantity of wheat was lying dumped in the vacant space. Bags containing wheat where not position to be counted as the stacks were not properly arranged. Moreover, accounts were also not properly maintained. He had moved for physical verification which was done and huge shortage was detected, the details of which will be given out later on in this judgment. The total shortage and misappropriation came to about 2564.00.000 quintals weight valued at Rs. 3,20,500. On the basis of this report, the first information has been registered.