STATE OF HIMACHAL PRADESH Vs. KRISHAN KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Chamba, in Criminal Appeal No. 6 of 1993 decided on 3.8.1995 whereby he allowed the appeal of the accused and set aside the judgment of the learned trial Court dated 15.6.1993 convicting the accused of having committed offences punishable under Sections 409, 468, 471,477-A, IPC and sentenced him to undergo rigorous imprisonment for six months for each of the offences and further directed that sentence shall run concurrently.

(2.) The prosecution case in brief is that the accused at the relevant time was posted as sub Inspector, Food and Supplies Department. According to the prosecution, between the period 24.4.1986 and 21.5.1986 240 quintals of wheat was entrusted to the accused, who was required to make entries in this regard in the concerned registers. It was also the duty of the accused thereafter to check the memos and the receipts. The accused thereafter used to arrange for the transportation of Wheat to Tribal areas through Carriage Contractor Shri Rishi Ram. The prosecution version in brief is that out of these 240 quintals of wheat in fact only 200 quintals were handed over to Shri Rishi Raj for being delivered to the Tribal areas. Therefore, the accused misappropriated 40 quintals of wheat.

(3.) According to the prosecution, the accused had handed over 10 quintals of wheat to Shri Rishi Ram on 24.4.1986 for onward transmission to Tundah vide Ext.PW-2/A. The case of the prosecution is that accused used the carbon copy of Ext.PW-2/A, which is Ext.PW-2/H to claim that another amount of 10 quintals of wheat was sent to Tundah. Overwriting was made over the dated 24.4.1986 and the same was shown to 21.5.1986. Similarly, the prosecution alleges that 30 quintals of wheat was handed over to Shri Rishi Ram for onward transmission to Tundah on 25.4.1986 vide Ext.PW-2/C. The accused used the carbon copy of Ext.PW-2/J by overwriting on the date showing that 30 quintals of wheat had been sent on 21.5.1986.