DAYANAND BHARTI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Suraj Singh, learned counsel for the petitioner and Mr. H. P. Singh, learned A.P.P. for the State.

(2.) This application is directed against the order dated 16.08.2008 passed by the learned Sessions Judge, Dhanbad in Criminal Appeal No. 94 of 1998 whereby and where under the judgment and order of conviction and sentence dated 08.06.1998 passed by the learned Judicial Magistrate 1st class, Dhanbad in Dhanbad (Dhansar) P. S. Case No. 299 of 1994 convicting the petitioner for the offence under Sec. 406 of I.P.C. and sentencing him to undergo S.I. for 2 years along with a fine of Rs. 2,000.00 has been affirmed.

(3.) It has been stated by the learned counsel for the petitioner that the petitioner was merely an employee of Bengal Bihar Roadways, Govindpur and he was never entrusted with the property for its transportation to S. National Hardware Mart, 21, Ravindra Sarni, Calcutta. Learned counsel submits that surprisingly the driver and the person who had accompanied the driver with the vehicle were never made accused and the petitioner only because of he being a staff of Bengal Bihar Roadways, Govindpur has been made an accused. Learned counsel further submits that there being no evidence on record to suggest that the materials were misused and in absence of there being any entrustment with respect to the petitioner, no ingredients of criminal breach of trust in terms of Sec. 405 of I.P.C. is made out and therefore the petitioner deserves to be acquitted from the charges levelled against him.