STATE OF BIHAR Vs. KHURSHID IMAM

JUDGEMENT

(1.) THIS appeal by the State has been preferred against the judgment of acquittal dated 27.6.1991 passed by 2nd Additional Sessions Judge, Aurangabad in S.Tr.No. 19/1976/65//1990.

(2.) SHORTLY stated the prosecution case is that in the month of July, 1969 triplicate copies of receipt No. 1574 of Central Cooperative Bank, Aurangabad were found missing from the receipt book of the bank. The Joint Secretary of the bank, who was Assistant Registrar, Cooperative Society, Aurangabad at that time, by memo No. 35 dated 17.7.1969 informed all the P.V.Ps./B.D.Os of the area to locate the said receipt. In response to the letter, P.V.P. of Baroon block informed the bank and other authorities that the receipt No. 1574 dated 28.6.1969 for Rs. 926.70 paise was granted to the Secretary of Kurwan M.P.C.S. and the receipt was signed by the head clerk cum cashier of the bank named Khurshid Imam who also admitted its genuineness. On verification of the bank account it was found that the said amount was lying in suspense account of the bank. Accordingly the amount was adjusted to the credit of Kurwan M.P.C.S. It appears that on 16.1.1970 the P.V.P. Aurangabad by his letter No. 37 dated 16.1.1970 informed that Sri Bengali Singh, Secretary of Karanja M.P.C.S. of his block had reported to him on that very date through a petition that he had deposited a sum of Rs. 18,500/ - in Central Cooperative Bank, Aurangabad for which receipt No. 1574 dated 28.6.1969 was granted to him but the said amount had not been accounted for in the loan account of the society. On the basis of said letter of P.V.P. inquiries were made and it was found that the alleged sum of Rs. 18,500/ - was not deposited in the bank nor there was any mention of this amount in the various reports and progress report of the concerned authorities. The Assistant Registrar, Cooperative Society, Aurangabad Circle accordingly filed written report before the police alleging that either Shri Khurshid Imam is guilty of criminal misappropriation and breach of trust or Shri Bengali Singh is guilty of fabricating a false document and using it as genuine. On the basis of written report of the informant the police registered Aurangabad P.S. Case No. 6(4)/70 and after investigation submitted charge sheet only against Khurshid Imam, on the basis of which the learned Sub -divisional Magistrate, Aurangabad took cognizance under Sections 408, 409 and 467 of the Indian Penal Code on 23.2.1972 and after inquiry the case was committed to the court of Session. On 5th August, 1978 the charges were framed under Sections 409 and 468 of the Penal Code. After trial the learned Additional Sessions Judge by judgment dated 27.6.1991 acquitted the accused. Against the said acquittal the State has preferred the present appeal before this Court.

(3.) TO bring home the charges the prosecution examined in all nine witnesses before the court below who are P.W.1 Nawal Kishore Baidya, P.W.2 Bengali Singh, P.W.3 Deo Narayan Prasad, P.W.4 Chaneshwar Singh, P.W.5 Bishwanath Singh, P.W.6 Rambilas Singh, P.W.7 Mahmood Irshad, P.W.8 Jugeshwar Singh and P.W.9 Brij Kishore Sharma. Out of them P.W.7 is the informant, P.W.5 is the Investigating Officer of the case and P.W.2 is the person whose name is mentioned in the First Information Report as an accused. P.W.1 Nawal Kishore Baidya in the year 1969 was posted as Accountant in the Central Cooperative Bank, Aurangabad and accused Khurshid Imam was posted there as head clerk cum - cashier. In cross examination this witness has admitted that on 28.6.1969 he had made total of the entries of the cash book. He has further admitted that he did not compare the amount of the cash book with the corresponding receipts as it was the duty of the Assistant Manager. It appears from his evidence that he has no knowledge as to how receipt No. 1574 dated 28.6.1969 was issued to Kurwan Cooperative Society as well as to Karanja Cooperative Society.