RAMADHAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of conviction dated 25.07.2002 and order of sentence dated 26.07.2002 passed by the Presiding Officer, Additional Court-I, F.T.C., Begusarai in Sessions Trial No.62/82, whereby the learned trial Court has convicted the accused Ramadhar Sharma under Section 420, 468, 477-A and 409 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for three years for the offence punishable under Section 420 of the Indian Penal Code, three years for the offence punishable under Section 468 of the Indian Penal Code, three years for the offence punishable under Section 477 A of the Indian Penal Code and four years for the offence punishable under Section 409 of the Indian Penal Code. All the sentences were directed to run concurrently.

(2.) The factual matrix of the case is that one Bansh Bihari Prasad Singh, Secretary, Bihar State Co-operative Marketing Union Limited (hereinafter in short referred to as 'BISCOMAUN), Patna lodged a written report on 10.08.1977 before the Officer-in- Charge of Begusarai Police Station with the allegation in succinct that Ramadhar Sharma was appointed as Depot Manager in the year 1965. On a tip off he along with the Administrator of the BISCOMAUN visited the Co-operative Credit Agricole Depot, Begusarai on 06.07.1977 and examined the records of Sales Depot. Accused Ramadhar Sharm was the Manager of the said Deport from 08.11.1973 to 18.05.1975. He proceeded on leave on 18.05.1975 and made over partial charge to the Sales Man, Sri Gopal Kesri of the said depot but he did not make over the charge of cash in hand, cash book, party ledger, cash book and general ledger to the said Gopal Keshari. In the meantime, Ramadhar Sharma was transferred to Maharajganj Depot where he joined on 17.06.1975. Thereafter, Sri Bindeshwari Prasad joined as Depot Manager at Begusarai on 04.08.1975. Accused Ramadhar Sharma handed over cash to the tune of Rs.7189.76, cash book and stock book etc. to Sri Bindeshwari Prasad on 01.06.1977 and charge of party ledger was handed over by him to his successor on 02.07.1977. Further allegation is that from the ledger book it transpired that the accused collected money from the sales agent against supply of fertilizer but he did not enter the same in the cash book or sent the sale proceed to the tune of Rs.1,55,540.70/- to the Head Office. Thus, he committed breach of trust. The further allegation is that expenses disclosed in the cash book for purchase of gunny bags, on payment of carriage or labour expenses were defalcated by him as no actual payment was made by him. It is also alleged that the accused received granular fertilizer from granular fertilizer society at Tilrath, but the same was neither entered in the stock register nor its sale proceed to the tune of Rs.1,13,014.35/- was sent to the Head Office and has defalcated the said amount. Thus, he has defalcated and misappropriated total amount to the tune of Rs.6,27,938.85/-.

(3.) On the basis of the aforesaid report, the Officer-in- Charge of the Begusarai Police Station registered a case bearing Begusarai P.S. Case No.17 (7) of 1977 against the Ramadhar Sharma. The aforesaid case was investigated by the police and on conclusion of the investigation and finding the case true, the Investigating Officer (I.O.) submitted chargesheet against the accused under Section 466, 467, 468, 477 A, 409 and 409/511 of the Indian Penal Code.