JITU RAM PURTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision application is directed against the judgment dtd. 26/5/2003 passed by learned 2nd Additional Sessions Judge, Chaibasa in Criminal Appeal No.3/1995; whereby the judgment of conviction and order of sentence, both dtd. 21/12/1994, passed by the learned Judicial Magistrate, 1st Class, Porohat at Chaibasa corresponding to G.R.No.191/1989, in Trial No.18/94; whereby the petitioner was convicted and was sentenced to undergo R.I. for two years for the offence under Ss. 406 IPC; has been affirmed and the appeal filed by the petitioner was dismissed.

(3.) The prosecution case in short is that Shri S.S. Prasad the then B.D.O. cum C.O. Bandgaon (Singhbhum West) lodged the first information report of this case at Keraikella P.S. on 6/7/1989 stating therein that the petitioner/ accused Jitu Ram Purty entered into an agreement on 23/5/88 with the Circle Office, Bandgaon to dig ten wells under Jaldhara Scheme and in the said agreement he gave address of his house at Bhalu pani but during service of notice upon him he was found to be resident of village Karudih. It has further been stated that as per the agreement petitioner had to complete the work of the entire ten schemes by 30/6/1988. The petitioner was also paid Rs.5000.00 each for each Yojona scheme bearing No. 1/88-89 to Yojona Scheme 10/88- 89. Thus, he was paid Rs.50,000.00 in advance under the aforesaid schemes. It is further stated that the accused did not initiate the work in any of the said scheme and he was also sent notice dtd. 2/12/88, 15/5/89 and 1/6/89, but even then, the accused did not initiate the work in any of the said schemes. It is further stated that thus the accused misappropriated the Government money and also violated the terms and condition of the agreement, so it was requested to take legal action against the accused.