RAM BRIKSHA NONIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 24th May, 2003, passed by the learned Additional District and Sessions Judge, 3rd Dhanbad in Criminal Appeal No. 61 of 2000, whereby the appeal preferred by the petitioners has been dismissed and the judgment of conviction and order of sentence dated 6th May, 2000, passed by the learned Judicial Magistrate, Dhanbad in G.R. Case No. 2292 of 1987, corresponding to T.R. No. 9 of 2000, whereby the petitioners were convicted for the offence under Sections 409 and 34 of the I.P.C and were sentenced to undergo R.I. for three years, has been affirmed.

(2.) The prosecution case, in brief, as alleged by one Brajeshwar Sahay (P.W.1) who was the then Deputy Material Manager, Sudamdih in his fardbeyan dated 12.08.1987 has stated that on the information of one Umesh Jha, Stock Verifier, he came to know that there was a difference in stock of the bearings. It has further been alleged that according to the verification made by Mr. Umesh Jha (P.W.-4), there was shortage of bearings worth of Rs. 25,000/- which were kept in the strong room in which the petitioners along with the other co-accused Chandra Mohan Chatterjee was in-charge. Based upon the fardbayan of the informant, a formal F.I.R was registered and after investigation the police submitted charge-sheet upon which the petitioners along with the coaccused pleaded not guilty and sent up for trial.

(3.) In order to prove the case, the prosecution had examined altogether five witnesses and adduced documentary evidences too.