ROVITO SERNA Vs. STATE OF NAGALAND
LAWS(GAU)-1994-6-12
HIGH COURT OF GAUHATI (FROM: KOHIMA)
Decided on June 29,1994

ROVITO SERNA Appellant
VERSUS
STATE OF NAGALAND Respondents

JUDGEMENT

W.A.Shishak, J. - (1.)This appeal is directed against the order passed by the learned Additional Deputy Commissioner (Judicial) Zunheboto in Ratakha P.S. Case No.2(7)91 vide G.R. 72/91 u/Sec 469, 420/468 I.P.C. by which the appellant was convicted and sentenced to undergo
"1.1A (one and half year) u/Sec. 420 I.P.C. and 11/2 (one and half year) u/Sec. 468 I.P.C. Further the appellant was also directed to pay a fine of Rs.5,000/- (Rupees five thousand) and the sentences passed u/Sec. 420 IPC and Section 468 IPC arc to cup consecutively and in default of payment of fine aforesaid the appellant was directed to undergo another one and half (1. 1/2) years R.I. The only ground taken in this appeal is that by the same Court in respect, of the same case and in respect of the appellant, by on earlier order dated 17-3-93 the appellant was found innocent and he had been discharged from criminal liabilities. Relevant portion of the order reads as under:In respect of Shri Hovito Serna, 1 did not find any fault committed by him during his tenure as VDB Secretary of Vishepu village. In the last part of his tenure as VDB Secretary, the amount of Rs.52,000/-was, drawn with the approval of the VDB members in the village so I did not find any foul play on his part as such I have discharged him from criminal liabilities."

(2.)The case involves loss of village development fund and as it as a serious case, G.R. Case 72/ 91 was registered against the appellant u/Ses. 419/420/469 I.P.C. After the investigation was over, the appellant was charge sheeted dated 2-12-92 under the aforesaid sections of law. As stated above, the learned Court of A.D.C. (Judicial) discharged the appellant from criminal liabilities by his order dated 2-3-93.
(3.)Thereafter a letter was addressed to the learned A.D.C. (Judicial) by the Deputy Commissioner, Zunheboto vide Annexure-2 regarding no re-trial/revision of the case in G .R 72/9 1 in connection with the misappropriation of VDB money of Vishepu village. In this letter, it is stated that An application has been submitted to this office by Shri Shikheho Serna, Inquiry Board Chairman, VDB of Vishepu village with a prayer to reviewretrial of the case under Rule 16 Administration of Justice and Police in Nagaland. On examination of case records it is revealed that the facts and circumstances of the case in effecting the Administration of justice involving misappropriation of Public Money by individual with forged Signature of D.C. which may lead to extra punishment in the case. Considering the above facts and in the interest of Justice, I am of the view that the case may be revised effectively. The application in original is also enclosed herewith for your further necessary action.T


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