Khanna, J. - (1.) Surat Singh and Mohinder Singh Advocate were tried in the court of Additional Sessions Judge Karnal for various offences. The learned Additional Sessions Judge convicted Surat Singh under S. 409, I.P.C., S. 467 read with S. 109 Indian Penal Code and Section 474 Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 25,000 or in default to undergo rigorous imprisonment for a further period of eight months on the first count, to undergo rigorous imprisonment for a period of one year on the second count and rigorous imprisonment for a period of one year on the third count. Mohinder Singh accused was convicted under Section 409 read with Section 109 Indian Penal Code and Section 467 read with Section 109 Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 25,000 or in default to undergo rigorous imprisonment for a further period of eight months on the first count and to undergo rigorous imprisonment for a period of one year on the second count. The substantive sentences of imprisonment in the case of each of the two accused were ordered to run concurrently. It was also directed that out of the fine, if realised, Rs. 46,875 should be paid to the Gram Panchayat Neemwala. On appeal the Punjab and Haryana High Court affirmed the decision of the trial Court. By special leave Mohinder Singh has filed Criminal Appeal No. 221 of 1970 while Surat Singh has filed Criminal Appeal No. 47 of 1971. This Judgment would dispose of both the appeals.
(2.) The prosecution case is that prior to the year 1961, four villages, Namely, Seonsar, Hailwa, Neemwala and Ramgarh Ror had a common Gram Panchayat known as Gram Panchayat, Seonsar. Surat Singh accused was the Sarpanch of the Gram Panchayat. Ram Kishan was then a member of the Gram Panchayat and he represented village Ramgarh Ror. Each of the other three villages was also represented by a Panch. In 1957-58 the Government acquired large areas of shamlat land of villages Ramgarh Ror, Seonsar and Hailwa for the purpose of establishing a big forest Plantation. The shamlat land of these villages had already vested in the Panchayat under the Punjab Village Common Lands (Regulation) Act. On the acquisition of those lands, the Government paid compensation amounting to Rs. 3,51,844. Out of that amount, Rs. 1,68,844 represented the compensation for the acquisition of shamlat land in village Ramgarh Ror. Surat Singh in his capacity as Sarpanch of the Gram Panchayat received those amounts and the compensation for each of the villages was kept distinct and separate, so that the benefit of the money should accrue only to the respective villages. The compensation amount of Rs. 1,68,800 relating to Ramgarh Ror was invested as follows: (i) Rs. 1,00,000 deposited in the Kaithal Mandi Post Office, (ii) Rs. 50,000 deposited in the Reserve Bank of India New Delhi, (iii) Rs. 18,800 deposited in the Central Co-operative Bank, Kaithal, The Gram Panchayat of Seonsar continued to function up to the beginning of 1961. Some amounts out of the compensation deposited were withdrawn for being spent for those villages.
(3.) In the beginning of 1961 the Government split the area of Gram Panchayat, Seonsar into two separate areas and constituted two Gram Panchayats. In this new arrangement the Gram Panchayat, Seonsar functioned only for two villages, namely, Seonsar and Hailwa. For villages Neemwala and Ramgarh Ror a new Gram Panchayat Known as Gram Panchayat, Neemwala was constituted. After the formation of the new Panchayat Ram Kishan PW was elected Sarpanch of Gram Panchayat, Neemwala, while Surat Singh continued as Sarpanch of Gram Panchayat, Seonsar. After the elections Ram Kishan as Sarpanch of Gram Panchayat, Neemwala made a demand for the custody of the Panchyat record relating to the two villages Neemwala and Ramgarh Ror and also asked for the payment of the amount standing in the account of village Ramgarh Ror. Surat Singh accused, however, put off Ram Kishan PW. Ram Kishan thereupon made an application to the higher authorities. Surat Singh accused thereafter transferred the deposit of Rs. 1,00,000 in the name of Ram Kishan as Sarpanch of the new Panchayat. No steps were, however, taken by Surat Singh accused to transfer the remaining amount. As Surat Singh did not render accounts, Ram Kishan PW consulted Mohinder Singh Advocate accused and on the latter's advice filed a suit for rendition of the accounts against Surat Singh in the Court of Sub Judge at Kaithal. Mohinder Singh accused was also engaged by Ram Kishan PW as his counsel in that case. Ram Kishan then learnt that Mohinder Singh accused had good relations with Surat Singh and he, therefore, requested Mohinder Singh for his help for the return of the balance of the amount lying with Surat Singh. On the advice given by Mohinder Singh, Ram Kishan got passed resolution DB/ 1 by Gram Panchayat, Neemwala on May 14, 1963 whereby Ram Kishan was authorised on behalf of the Panchayat to receive the amount due from Gram Panchayat, Seonsar. Ram Kishan also handed over memorandum PW 1 / A which had been issued by the Reserve Bank of India for the deposit of Rs. 50,000 to Mohinder Singh accused. Ram Kishan thereafter made enquiries from Mohinder Singh about the amount of Rs. 50,000 but on each occasion Ram Kishan was put off by Mohinder Singh by saying that the amount had not been transferred and that as soon as it was done, he would get in touch with Ram Kishan. As the payment of the amount was being delayed and some funds were needed for the school building, Ram Kishan talked to Mohinder Singh in the first week of December 1963 about the payment of Rs. 6,000 which was due as interest. Mohinder Singh then told Ram Kishan to come to his office on December 13, 1963 with the receipt book of the Panchayat and its official seal. Mohinder Singh also mentioned that he would send for Surat Singh accused on that day and would secure the payment of the interest amount of Rs. 6,000 as well as of the principal amount if the same too was received.;