KALAKTAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application in revision Is directed against the conviction and sentence imposed upon the petitioner. He has been convicted Under Section 406 of the IPC and has been sentenced to undergo rigorous imprisonment for six months.

(2.) The petitioner was given a contract for work in connection with Kohara Bandh by the Minor Irrigation Department, The agreement was signed on 1-2-1965. The work was to be carried on under the supervision of Ramjatan Mehato (P. W, 1), Sub-divisional Officer, Minor Irrigation. The petitioner as a eon-tractor was supplied 200 bags of cement by the Minor Irrigation Department for the construction work. On 31-5-1965 Ramjatan Mehato (P. W. 1), Kashi Nath Singh, Overseer (P. W. 6) and Ram Natfl Singh, Work Sarkar (P. W. 8) were going to the work site to inspect the works. On the way at Kasap Ahar a bullock-cart with bags of cement was seen going. On inquiry, it was learnt that the bullock-cart contained 14 bags of cement which had been purchased in Black Market by P.W. 2 Rajendra Prasadat Kohara Bandh. P. W. 2 Rajendra Prasad gave statement in writing in presence of P. W. 3 Satyen-dra Prasad Singh, P. W. 10 Satya Narain Oha and P. W. 5 Goga, the cartman. It was obvious from the statement of Rajendra prasad that the petitioner, who was entrusted with 200 bags of cement had sold the said 14 bags to Kajendra Prasad (P. W. 2.). A written report was therefore, lodged by P. W. 1 at Udwant Nagar Police Station, on the basis thereof a formal F. I. R. (Ext, 15) was drawn up. The case was investigated by the police and chargesheet submitted against the petitioner. The petitioner was tried for having committed an offence Under Section 406 of the Indian Penal Code and was convicted and sentenced as stated above by the trial court. An appeal by the petitioner proved fruitless. The lower appellate court affirmed the conviction and sentence imposed upon the petitioner. Hence the petitioner filed the present application before this Court.

(3.) The defence of the petitioner was that he had been falsely implicated, as he had filed several petitions against P. W. 1, who was the Sub-divisional Officer Minor Irrigation Department at the time. Both the courts below concurrently found that the petitioner had been entrusted with 200 bags of cement by the Minor Irrigation Department. It was also found that the petitioner had sold 14 bags of cement to Rajendra Prasad (P W. 2) out of the 200 bags entrusted to him. Upon those findings both the courts convicted and sentenced the petitioner.