MAHAVIR PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a criminal revision against the judgment of the learned Sessions Judge, Bharatpur confirming the conviction and sentence passed by the learned Munsiff-Magistrate, Bayana convicting the accused-petitioner under Sections 409, 406 and 471, IPC and sentencing him for one year's rigorous imprisonment and a fine of Rs. 400/- in each court and in default of payment of fine to undergo rigorous imprisonment for three years for each offence.

(2.) THE prosecution case, briefly stated, is that a complaint was filed by one Ram Swaroop, SDI, Panchayat Samiti, Roopwas in the Court of Judicial Magistrate, Bayana, on 18/4/1972, alleging that the petitioner while officiating as Headmaster of Primary School of Roopwas failed to send the amount of fees of annual examination received by him on 20/4/1973. THE Block Develop-ment Officer, Shri Radhey Mohan, was reported about this fact by complain-ant Ram Swaroop on that very day and the complainant also wrote a letter to the petitioner that the fee so realised was sent to Shri Prabhati Lal who is incharge of the receipt of the fees. This letter was received by the petitioner on 21/4/1970, on which the petitioner replied to the complainant that a sum of Rs 393. 07 received by him, as examination fees has already been paid to the complainantal and, therefore there was no question of depositing the same with Shri Prabhati Lal THE receipt of the amount of Rs. 393. 07 has been produced in the case as Ex. D/l and the photostat copy of the same is Ex. D/6. A departmental inquiry was initiated against the petitioner on the complaint of Ram Swaroop and, it was found, as a result of the inquiry, that the amount has been paid by the petitioner to the complainant, Ram Swaroop and it was ordered that the amount may be recovered from the complainant, Ram Swaroop. In these circumstances, Ram Swaroop, complainant has filed this criminal complaint against the petitioner on 11/4/1972 along with one Radha Mohan, Block Development Officer has verified the receipt Ex. D/4. THE complainant has not preferred any appeal, revision or even representation to the superior authorities against the order passed in the departmental inquiry. THE learned Munsiff Magistrate discharged the other accused Radha Mohan and framed charges under Sections 409, 467 and 471, I. P. C. and after trail convicted and sentenced the accused petitioner as aforesaid. THE appeal filed by the petitioner was also dismissed by the learned Sessions Judge, Bharatpur. Hence, this revision.

(3.) PW/3 Radhey Shyam was also posted as a teacher in Roopwas at the relevant time, when the petitioner was also posted there. He deposed that the petitioner had collected the examination fees, but he told that he will deposit the fees only on the orders of the Block Development Officer.