KRISHAN JI BRAROO Vs. STATE OF J&K

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and sentence passed by Special Judge Anti -Corruption Kashmir (for short the Court) on 15.12.1997 in file No. 8 of 1981 titled State v. Krishanji Braroo and Ors.

(2.) VIGILANCE Organization Kashmir (VOK) in (FIR 1/81) filed a challan before the court on 9.5.1981 against Abdul Majid Kakroo Accounts Officer, Mehraj -ud -din Sr. Accountant, Krishanji Braroo cashier Sheep Husbandary Department, Gh. Qadir Treasury Officer, Gayas -ud -din Superintendent and Ashok Kumar auditor Sadder Treasury, Srinagar for offences under sections 5(2) of Prevention of Corruption Act 2006, 409,420,467,109,477 -A and 120 -B RPC.

(3.) THE prosecution case before the court was that the above mentioned accused persons by misuse of their official position and by employing the corrupt means entered into a criminal conspiracy and fraudulently and dishonestly withdrew from Sadder Treasury, Srinagar an amount of Rs. 8000/ - in the year 1976 and misappropriated it. It was alleged that in furtherance of the conspiracy these accused persons committed the following omissions and commissions: - - A/ A bill for Rs. 9253/ - was prepared by Krishanji Braroo, initialed by Mehraj -ud -din Sr. Accountant and signed by Ab. Majid Kakroo Accounts Officer Sheep Husbandary Department. The bill was drawn from Sadder Treasury, Srinagar by Krishanji Braroo cashier on 5.7.1976 after erasing and inserting entries in the bill and the drawal register; B/ Out of the amount of Rs. 9253/ - so drawn by the said persons from the treasury only an amount of Rs. 1253/ - was accounted for in the relevant account book. C/ The balance amount of Rs. 8000/ - was misappropriated by the aforesaid accused persons in furtherance of the criminal conspiracy.