RAMNATH KHEMKA Vs. STATE

JUDGEMENT

(1.) This is an application in revision against the order of the appellate Court dismissing the appeal of the petitioner and maintaining his conviction under Section 409 of the Indian Penal Code and also his sentence of one year's rigorous imprisonment and a fine of Rs. 1,000 imposed by the trial Court.

(2.) The prosecution case appears to be that the petitioner had committed criminal breach of trust in respect of 588 bags of paddy weighing 1151 mds. 34 srs. 12 ch. after it had been entrusted with him by the Government in the year 1948 for the purposes of converting this amount of paddy into rice. It is also the prosecution case that the petitioner, who is the owner of the mill in question, had to convert the paddy at the rate of 100 mds. of paddy into 63 mds. of rice. On this basis, the petitioner had to deliver 725 mds. 27 srs. 2 ch. of rice to the Government which he never gave in spite of the repeated demands. In view of his failure to take notice of the demands, a complaint was filed on 23-3-1955 for the prosecution of the petitioner under Sections 408 and 409 of the Indian Penal Code.

(3.) The defence case is that the petitioner had committed no offence and that the Papers which would have shown that the delivery had been made by him have been suppressed by the prosecution. It is also alleged that it is quite possible that some fraud had been committed by the employees of the Supply Department and that a belated attempt has now been made to the responsibility on the petitioner.