BRAJ NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the order of dismissal passed in Crl Appeal No. 307 of 1986 on 26-9-1989 by Shri Pradhan Umakant, Sessions Judge, Singhbhum at Chaibasa through which he confirmed the order of conviction and sentence recorded by Shri S. S. Rampuri, S. D. J. M., Chakradharpur at Chaibasa in G. R. Case No. 622/81.

(2.) The fact is short giving rise to this revision is that this case was instituted on the written report of Shri Mohan Mahato, Executive Engineer, P. H. E. D. of Chakradharpur addrressed to Officer-in-charge, Chakradharpur for instituting a case. It has been alleged by the informant that the petitioner Brajnandan Singh was cashier under him till March, 1981 and by office order No. 52 dated 19-2-1981 another Sr. Accounts clerk Gobardhan Sing Munda was posted as cashier in place of petitioner to be effective from 1-4-1981 and under the orders the petitioner should have been made overchage to Gobardhan Singh Munda on 1-4-1981. It has been alleged that in spite of repeated direction both oral and writing Brajnandan Singh not make complete charge as cashier and only gave one key of iron chest to did Gobardhan Singh Munda on 31-3-1981. Subsequently the petitioner gave cash book and some registers and vouchers and after audit it was found that in the cash book there was amount of Rs. 46,644 in the hand of the cashier and petitioner gave Rs. 3,200 at the time of handing over charge to Sri Munda, the cashier posted in his place and gave some vouchers subsequently and after due calculation it was found that the petitioner has not accounted for Rs. 25,494 75 p. which was available according to cash book to the new cashier and found defalcated this amount, It has also been alleged that a sum of Rs. 7,000 was given by the peititioner to S.D.O. Sonua by hand receipt but subsequently he committed forgery and this amount was converted into Rs. 17,000 and thus, also misappropriated Rs. 10,000 on this account and further defalcated Rs. 5,000 by making another hand receipt.

(3.) On receipt of the written report by the Executive Engineer the police instittuted a case under Sections 409 and 468 of the Indian Penal Penal Code and after completing investigation submitted charge-sheet as against the petitioner claimed himself innocent in the court below and denied to have defalcated the amount of the Government rather his defence was that he handed over complete charge to Shri Munda, the cashier posted in his placed and in fact defaulcated the huge amount of money for that a criminal case was also instituted against him and he was convicted by the court below. The then S. D. J. M. Chakradharpur at Chaibasa after conclusion of trial found the petitioner guilty under Section 409, LP.C. only and convicted and sentenced him to undergo R. I. for three month only vide his jugment dated 30-8-1986.