STATE OF BIHAR Vs. NAND KISHORE PRASAD

JUDGEMENT

(1.) Prosecution case initiated on written application of Sudhir Prasad Singh P.W.4, in brief, is that in total Rs. 14,58,100/- was allocated for three schemes namely Mahesh Leta Madhyam Sinchai Yojna, Jharkhand Madhayam Sinchai Yojna and Damorpur Madhayam Sinchai Yojna and advance of Rs. 8,05,000/- was handed over to accused respondent to complete the work. Of all the three schemes work was done but not for the total advance money rather for lesser value of Rs. 2,74,292/-. Further deduction towards royalty and sales tax Rs. 6,723/- also remained with accused respondent. He was executive agent of the work. It is said that he was requested either to complete the work or to return the advance amount but did not comply, an enquiry was conducted and after completion of the same finding the allegation true an F.I.R. is lodged.

(2.) The trial commenced and ended in acquittal of respondent which is challenged submitting the same not valid and legal.

(3.) In all six witnesses are examined in the case. They are P.W.1 Anil Kumar Singh a clerk, P.W.2 Yatindra Kumar Singh correspondent clerk, P.W.3 Bimleshchandra Srivastava, P.W.4 Sudhir Prasad Singh informant of the case, P.W. 5 Harihar Prasad Singh, Chief Engineer at the relevant time Junior Engineer and P.W.6 Pradip Kumar Verma, I.O.of the Case.