NAHOOM MINZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this revision application, petitioner has challenged the judgment and order dated 2-5-1998 (signed on 4-5-1998) passed by the 8th Additional Judicial Commissioner, Ranchi in Cr. Appeal No. 14 of 1994 whereby the judgment of conviction and order of sentence passed by the trial Court for the offence under Section 418 IPC against the petitioner was upheld and the appeal was dismissed with modification. The petitioner was put on trial for charges under Sections 408, 418, 467, 420 and 120B IPC. The trial Court by its judgment dated 5-2-1993, convicted the petitioner for the offences under Sections 418, 408 and 420 IPC and awarded sentence for each of the offences. It is against this order of conviction, petitioner had filed an appeal vide Cr. Appeal No. 14 of 1994 which was disposed of by the impugned judgment dated 2-5- 1998 by the 8th Additional Judicial Commissioner, Ranchi and against the judgment of the appellate Court, the present revision application has been preferred by the petitioner.

(2.) The case against the petitioner was registered on the basis of a complaint filed by the complainant, namely the opposite party No. 2, before the Chief Judicial Magistrate, Ranchi on 21 -1 -1984 and the learned Court below after conducting inquiry under Section 202 Cr. PC, took cognizance against the petitioner for the aforementioned offences and for which the petitioner was put on trial. Prosecution's case in brief is that the petitioner was posted as Principal, Baragain S.D.A. Mission School in between August 1979 to 1983. The said school was established and run under the S.D.A. Mission East Indian Section. It is alleged that while acting as Principal of the school, the petitioner had placed orders with different book publishers including Frank Brothers, Pitambar Books, Books Corner and others, for the supply of books. The indent was placed in the name of Baragain S.D.A. Mission School without prior permission and sanction of the managing committee of the S.D.A. Mission East India Section. The books worth lakhs of rupees were thus procured by the petitioner for selling in the open market, although the management of the school namely S.D.A. Mission, East India Section being purely a religious body with specific aim and object to promote education amongst the children and to build their morale character, does not undertake any business of selling the books. The matter came to the knowledge of the complainant who was the President of the S.D.A. Mission East India Section, from a letter dated 28-9-1983 of the treasurer of the Mission. It was learnt that the petitioner was indulging in doing personal business with M/s Frank Brothers and Co. (book publisher) and other such book publishers and was placing indent for the supply of books by illegally and unauthorizedly using the letter head of the school. The publishers, who had supplied the books against the order placed by the petitioner, had raised bills for payment, which was addressed to the Mission. The complainant thereafter issued a show-cause notice to the petitioner, who in his reply had purportedly acknowledged his entire responsibility for paying the bill amounts to the suppliers of the books with a request to give him two months time for the payment. Meanwhile, one of the publishers/suppliers namely R. S. Tiwary of M/s Books Corner, Upper Bazar, Ranchi served a legal notice upon the complainant for the payment of a sum of Rs. 2,80,230/- against the supply of books made by him and a similar notice was also issued by another supplier namely, Ram Pustak Kendra, Dhurwa, Ranchi claiming payment of a sum of Rs. 4,96,740/-. Later, on instruction received by the complainant from the Pastor, President of the Northern Union of the S.D.A. Mission, New Delhi, information was lodged at the Sadar Police Station on 22-1-1984 and when no action was taken by the police, the complainant lodged his complaint before the learned Court below. The thrust of the allegation, as per the complaint petition, is that the petitioner had committed forgery by illegally using the letter head of the school for the supply of books for his own wrongful gain and also committed criminal breach of trust besides cheating with knowledge and intention to cause wrongful loss to the S.D.A. Mission whose interest petitioner was bound to protect.

(3.) Eight witnesses were examined at the including the complainant. Besides oral evidences, certain documents were also adduced in evidence by the prosecution. These documents include the complaint petition (Ext.3) bills raised by various books suppliers legal notice and letter sent by the publishers namely Frank Brothers and also letter purported to contain an admission made by the petitioner acknowledging the fact that he had placed indent to the suppliers for the supply of books on the letter head of the school (Ext.-12). The documents introduced in evidences also include the acknowledgment of payment of bills made by the petitioner (Ext-16).