GURUBACHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants Gurubachan Singh and Siikishan along with one Roop Narain, were tried by the learned Addl. Sessions Judge Gangapur City under Section 466, 467, 477A and 409 read with Section 120B IPC. By his judgment dated March 19, 1974, the learned Judge acquitted the accused Roop Narain. Gurubachan Singh and Srikishan, respectively, were however, convicted under Section 409 and 467 IPC Gurubachan Singh was sentenced to rigorous imprisonment for two years and a fine of Rs. 500/ - or in default of payment of fine further rigorous imprisonment for three months. Srikishan was sentenced for imprisonment for one year and a fine of Rs. 200/ - or in default of payment of fine to further rigorous imprisonment for one month.

(2.) AS already indicated both Gurubachan Singh and Srikishan appealed from the order of conviction and sentence passed against them. Srikishan died during the pendency of the appeal some time in the year 1975. None came forward to continue the appeal on his behalf. The appeal has, therefore, abated. This judgment will, therefore, deal with the appeal of Gurubachan Singh alone.

(3.) THE complainant Kana, who was an illiterate person, was working as a contractor cum labourer at the material time In the year 1967 he was awarded a contract for the construction of a well for the Gram Panchayat Isharda. It is alleged that the appellant Gurubachan Singh who was the Sarpanch of Gram Panchayat at the relevant time persuaded the complainant to execute the work for a sum of Rs. 8742 00. PW Janglia stood surety for the due execution of the work by the complainant. It is further alleged that in fact appellant Gurubachan Singh and Roop Narain, since acquitted, were both partners in the contract but since they could not directly participate in such a work, being officers of the Gram Panchayat, they entered into the contract in the name of the complainant.