SHYAM SUNDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Shyamsunder has preferred this appeal against the judgment of Additional Sessions Judge, Sikar, dated May 30, 1973 against his conviction under Section 4(9) IPC and sentence of rigorous imprisonment of 3 years and a fine of Rs. 1001/ -, in default of payment of which to further simple imprisonment for 6 months

(2.) THE facts according to the prosecution were these. Appellant Shyamsunder was appointed 'Salesman' by the Collector, sikar on 8.8.1964 cm a fixed salary of Rs. 75/ - per month The Government Shop was for the sale of grains and other controlled commodities During the tenure of his service, which was for the period of little more tan a year, he sold food -grains sugar etc. to the extent of Rs. 2,50.470 72 However, out of this amount, he deposited only Rs. 2 13,242.98 on 7 -5 -76 His services were terminated and he was asked to deposit the empty bags The appellant failed to comply with the demand. This led to the scrutiny of the accounts and it was found that Rs. 37,227.74 were not deposited by him in the Government account and he had misappropriated the same The District Supply Officer, Sikar Shri B.B Dutta sent a written report of the incident to P,S Kotwali, Sikar on 7 -11 -1967. The police registered a cafe under Section 406 and 409, IPC and conducted the usual investigation A challan was preferred against the appellant in the court of Munsiff Magistrate, Sikar for the mis -appropriation of Rs. 51,285.78 The case was ultimately committed, the appellant pleaded cot guilty to the charges. The learned Additional Sessions Judge believed the prosecution evidence and convicted the appellant.

(3.) IT was argued by the learned Counsel for the appellant that the entrustment of the grain sugar and Gunny -bags to the appellant had not been proved. My attention was drawn on the statement of PW 1 Babulal, an Accountant in the District Supply Office, Sikar. He deposed that he was an accountant in the District Supply Office, Sikar from 1969, The appellant was appointed as a Salesman in the Government Shop at Sikar on 8 -8 -1964, vide letter Ex P/2 and worked in the capacity upto 7 -5 -1966. Ex.P/3 is the charge report of his taking over the Government Shop No. 3. After he took over as a Salesman of Shop No. 3, he was issued grains on his various applications. The witness produced various applications and the indents issued to the appellant. He also identified the signatures of the various officers on the indents issued by the Supply Office. He also identified the signature of the appellant on his various applications. In the cross -examination, the witness foundered in as much as that he was asked to identify the signature of the appellant through a pigeon hole and failed to identify some of the signatures. No doubt this infirmity is in the statement of the witness. How ever he had no personal knowledge of the transactions and he merely produced the document. The fact of entrustment is proved by various other witnesses. PW 2 Banwarilal deposed that he worked as Godown Keeper from 26 -6 -66 and during that time the appellant was the salesman He was supplied imported wheat on the basis of his applications. He issued the wheat against various indents PW 3 Brij Kishore deposed that he was the Enforcement Officer, in the Supply Office and Incharge of the Government Godown. He was also empowered to issue the permits to the Salesman He proved indents applications.