SHANKAR MANDAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 15-9-1995 passed by the learned Special Judge (CBI), Dhanbad in R.C. Case No. 9 of 1981(D) whereby and whereunder the learned Judge convicted the appellant under S. 409 of the Indian Penal Code and under S. 5(1)(c) of the Prevention of Corruption Act, 1947 and sentenced him to undergo R.I. for four years and three years respectively but both the sentences are ordered to run concurrently.

(2.) The case of the prosecution, in brief, as alleged is that in January, 1979 the appellant-Shankar Mandal took charge of Assistant Store Keeper, Rajpura including the diesel and the diesel pump was shown as opening balance in between 1-4-1980 and 16-3-1981, 1317515 litres of diesel was supplied by Indian Oil Corporation to the pump whereas 1255828 litres of diesel was issued during this period and 112406 litres of diesel should have been balance on 16-3-1981 whereas 4521 litres of diesel was found to be available in the store for which the appellants, Shankar Mandal could not explain and 107885 litres of diesel was misappropriated.Accordingly the First Information Report was lodged. But after investigation, the period from 1-4-1979 to 22-5-1981 was shorten between the period from 1-4-1980 to 16-3-1981. The charge-sheet was submitted after investigation.

(3.) The witnesses were examined in the Court below and some documents were also produced. After hearing both sides, the trial Court convicted and sentenced the appellant in the manner as stated above by the judgment impugned.