HARISH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Harish Chandra stands convicted under Section 409, IPC and has been sentenced to 1 1/2 years rigorous imprisonment and to pay; a fine of Rs. 5,000/ -, in default, to undergo farther rigorous imprisonment for six months by the learned Sessions Judge, Merta, by his judgment dated 13 -3 -75.

(2.) THE prosecution case, in brief, is that at the relevant time between 1 -3 69 to 24 -1 -69 the appellant was an overseer in the Public Works Department (B and R.) under the Assistant Engineer (Famine Su -Division) Nagaur, Shri Mukhtiarsingh Gill. The appellant was incharge of the famine works, bring carried on Bhundel -Chitana and Dsu -Khinviar roads. There Were number of gangs headed by mates and supervisors under the control of the accused. As a part of his duty, he used to receive substantial amounts for being disbursed to the labourers It is Said 'that the appellant received a sum of Rs. l, 79; 341.58 from the office of the Assistant Engineer during the period 1 -3 69 to 24 -4 -69 for disbursement to the labourers The prosecution case further is shat under the supervision of the accused, muster rolls used to be prepared showing payments made to the labourers. It is said that in there muster rolls excess payment was shown to a number of labourers even though' they had been paid at a lesser rate. Complaints in this regard Were received by the Collector, Nagaur, Who deputed Shri Murlidhar Vyas, Accountant, at the 'Treasury' Office Nagaur (PW. 92) to make; a surprise check. In pursuance of this order Shri Murlidhar Vyas made a surprise check on 24 4 69. He checked the cash in hand with the accused and found that he had in all a sum of Rs. 23,825 78 Shri Murlidhar Vyas obtained memo Ex P, 56 In this regard from the appellant signed by him in token of the physical Verification of the cash in hand With the accused -appellant.' On checking of the' muster rolls Shri Vyas found that a sum of Rs, 4,262/' - has been shown as excess payment in the muster rolls as per details, given in his report Ex P/&1s According to Shri Vyas there was over writing in the muster -rolls regarding the rates of daily Wages of some Of the labourers and over writing on the total' amount paid to them. In his report Ex' P/51 he has mentioned the difference1 in the original amounts and the amounts1 shown after over -writing in column No. 6 along with the muster roll item number mentioned in column No. 3. He further found that even after taking into account the excess payment, the cash in hand was short by Rs. 854.19. According to him a total sum of Rs. 1,55 200.86 were shown as payment, whereas he received' a sum of Rs. 1,79,34 58 leaving a balance of a sum of Rs. 24,679 97. The cash in hand found Was only Rs. 23, 825 78. The Sub -Divisional Magistrate' Shri Mohar sihgh Purohit (P. -W 88; sent Ex. P/52 to the SHO Police Station,' Nagaur forwarding the report of Shri Murlidhar Vyas, On the receipt of this report a case under Section 409, 467 and 468, IPC, was registered against' the accused After usual investigation charge sheet was presented against the accused before the learned Munsif -Magistrate, 'Nagaur, who committed the accused for trial in the Court of Sessions, Merta Charges were amended by the Sessions Judge and the accused was charged for the offences under Section' 409, 465 and 471, IPC. The accused, however, pleaded not guilty to the charges and; claimed to be tried.

(3.) THE accused in his statement has admitted that he was Overseer incharge of famine works undertaken on Deu Khinvsar and Bhundel Chitana Roads during the period 1 -3 -69 to 24 -4 69. He also admitted that on 24 -1 -69' Shri Murlidhar Vyas (PW 92 checked the cash in hand with him and that a sum of Rs. 23, 825 78 was found in respect of which he signed the memorandum Ex P/56. He, however, stated that he cannot say that he received a sum of Rs. 1,79,341.58. as stated by Sri Vyas. He further stated that the prosecution has not produced the cash memo books and in their absence, after such a long period, he cannot say what amounts were received by him. As regards muster rolls, he stated that they used to be prepared either by mates or supervisors and he did not temper with them, nor any tampering is within his knowledge. He further stated the procedure of drawing of money and making of disbursement as well as with regard to the maintenance of muster rolls, He stated that the procedure was that blank muster roll forms signed by the Assistant Engineer used to be issued. The work which they used to get done was entered in the measurement book There were about 80 *0 100 gangs under him. Each gang had one mate and on every 3 to 7gangs there used to be a supervisor There used to be about 60 persons in etch gang. The muster rolls were delivered to mates and supervisors and they used to 511 In the various columns in the muster rolls He further stated that muster rolls Ex P/2 to Ex P/30 after being completed were put up before the AEM and before that there used to be entered in the measurement book, the number of the muster roll and the amount and the muster roll along with the measurement book were submitted to the AEM for pissing payment order. Thereupon, the Assistant Engineer used to give cash in accordance with the measurement book These amounts were entered in the cash -memo books. After receiving the amount he used to visit the sites to make payments The mode of payment was that the mate or supervisor of the gang would be given the mutter roll and they used to obtain thumb impressions of the labourers and he used to obtain their verification and in its token signatures of the supervisors or the mates would be obtained at the 'foot of the muster rolls, He used to get the roll call with reference to the muster rolls and used to pay the amount already entered in the muster rolls by the mates or the supervisors. in case he doubted the authenticity of the person, he would score off the thumb impression already obtained by the supervisor or mate and sometimes he used to write the word 'unpaid' on the same After payment he was to check if the entire amount of the muster roll had been paid or not After such a checking he used to enter the so checked amount on the back of she muster roll in the prescribed seal He further stated hat this formality could not be completed as the muster rolls were obtained from him before the checking could be completed. He had, therefore, no opportunity of checking the muster rolls and payments He further stated (hat after checking the balance, if any, he would deposit with the AEN. He further stated that after 9 -8 -69 he received order Ex D/6 from the office of the XEN. Thereupon he went to the XEN office and prepared accounts of the payments made by him after 24 4 -69 and along with it submitted Rs, 600/ -or so which was the remaining balance of the amount of Rs. 23,825.78, but this payment was not accepted.