STATE OF HIMACHAL PRADESH Vs. KARANVIR

JUDGEMENT

(1.) The State of Himachal Pradesh is in appeal before us aggrieved by the judgment and order dated 24-9-1997 passed in Criminal Revision No. 149/1994, whereby and whereunder the revision application, filed by the respondent herein, against the judgment and order dated 1-12-1994 passed by the Sessions Judge affirming a judgment of conviction and sentence passed by the Chief Judicial Magistrate, Sirmaur District at Nahan, convicting the respondent for commission of an offence punishable under Section 409 of the IPC and sentencing him to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 1,000/-, has been allowed.

(2.) The respondent was a Post-Master at Chhapang, within the Police Station Pachhad in the District of Sirmaur. One Rajbir Singh (PW-3), uncle of the respondent-accused, was at the relevant time working in the Government High School, Ramadhon. He had deposited a sum of Rs. 8,000/- with the respondent-accused for purchase of National Savings Certificates. Necessary forms were also filled up by said Rajbir Singh and a receipt acknowledging the receipt of the said amount was issued to him. Although more than a month had passed but the said Rajbir Singh was not handed over any National Savings Certificate by the respondent. He, therefore, made enquiries with the postal authorities both at Rajgarh and at Nahan, whereupon he came to learn that no such National Saving Certificates had been issued. He thereafter made a complaint in that behalf, with the postal authorities. The postal authorities entrusted the matter to one Shri Brijpal Thakur (PW-4) for conducting an enquiry. The respondent having come to learn of initiation of the said enquiry, deposited a sum of Rs. 4200/- in the Post Office on 30-11-1989. A further deposit of Rs. 4,000/- was made by him on 11-12-1989. It is not in dispute that the excess amount of Rs. 200/- was deposited by the respondent on 30-11-1989 by way of interest.

(3.) A First Information Report was lodged on 27-6-1990 at Police Station. Pachhad. During the investigation, specimen and admitted writings of the respondent were taken and sent to the handwriting expert for comparing with his writings and signatures on the receipt. The expert opined that the questioned writing and the signatures on the deposited documents tallied with the admitted signatures and writings of the respondent. The learned Chief Judicial Magistrate, as noticed hereinbefore, found the respondent guilty of commission of an offence punishable under Section 409 IPC and sentenced him to undergo simple imprisonment for a period of six months. A fine of Rs. 1,000/- was also imposed upon him.