LAWS(PAT)-1998-3-60

SURESH PRASAD SINGH Vs. STATE OF BIHAR

Decided On March 16, 1998
SURESH PRASAD SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) There is a single petitioner in this case who stands convicted under Section 409 of the Penal Code and sentenced to undergo rigorous imprisonment for three years.

(2.) At the material time the petitioner was the Branch Manager of ate Bank of India, Mushrigharari in the district of Samastipur. On January 29, 1982 after transacting the days business the Bank was closed at about p.m. The next day being a holiday and the day after being Sunday in was reopened after two days on February 1, 1982 and then it was found that a sum of Rs. 1,85,000/- kept in the iron safe and a D.B.B.L. Gun and the pouch containing some cartridges kept in the Godrej steel almirah inside the strong room of the Bank were missing. Information regarding the theft was given to the Branch Manager, State Bank of India, Samastipur Branch who came to Mushrigharari along with the Branch Manager, State Bank f India, Agriculture Development Branch, Samastipur. The Branch Manager. State Bank of India. Samastipur (P.W. 5) gave his fardbeyan on the same day at 12.30 p.m. which was recorded by the officer-in-charge, Mushrigharari P.S. at Mushrighararl. A formal FIR incorporating the fardbeyan was drawn up later at 2.30 p.m. which gave rise to Sarai Ranjan P.S. Case No. 6/82. The FIR imply stated about the theft of the aforesaid sum of money from the safe and the D.B.B. gun and the pouch of cartridges from the steel almirah kept inside the strong room and was instituted against unknown accused. How ever the Police after investigation submitted charge-sheet against the petitioner who was tried for offence under Sections 409, 120B and 380 of the Indian Penal Code.

(3.) The prosecution in support of its case, examined six witnesses, P.W. I tae the Bank Guard, P.W. 2 was the Clerk-cum-Cashier posted at the Branch where theft was committed P.Ws. 3 and were the Messenger Boy and the Sweeper respectively who ere working in the Branch, P.W. 5 was the informant who at that time was the Branch Manager, State Bank, of India, Samastipur Branch and P.W. 6 was the Investigation Officer.