Decided on April 22,2013

GOPAL Appellant


- (1.) This criminal revision has been filed by the revisionist against the judgment and order dated 1.7.2006 passed by the learned Additional Sessions Judge/IV Fast Track Court, Dehradun in Criminal Appeal No. 1 of 2001, whereby the learned Additional Sessions Judge has confirmed the judgment and order dated 27.11.2000 passed by learned Additional Chief Judicial Magistrate II, Dehradun convicting the revisionist under Section 406 IPC and thereby sentencing him for 2 years of Rigorous Imprisonment and a fine of Rs. 20,000/-. Aggrieved, the revisionist has filed the present revision before this Court.
(2.) Brief facts of the case are that the revisionist before this Court was a part-time driver of State Bank of India, Branch ONGC. On 14.6.1993 when Kishan Singh (Cashier of the Bank) along with the guard of the Bank Ram Bahadur Thapa after collecting the cash from various branches of the State Bank of India came to Gorkhali Sudhar Sabha Bank, Gadhi Cantt. Dehradun and went inside to collect the cash, the driver of the particular Maruti Van No. UP07 B 1670 i.e. the revisionist fled away after taking the cash which was kept in his custody by the employee of the Bank such as Kishan Singh (Cashier) and Ram Bahadur Thapa (Guard). The total amount with the driver at that particular time was about Rs. 1,87,149.47/-. The precise amount has not been given initially at the time of First Information Report lodged on 14.6.1993 itself. Consequently, during the investigation, after a month, the present accused/revisionist was arrested while he was coming from Rishikesh to Dehradun and thereafter he was produced before the Magistrate and remand was sought and thereafter he was taken to Ajmer and on his pointing out in a house where he was staying at Ajmer, an amount of Rs. 69,000/- was recovered. Apart from that, certain steel utensils and other articles were also recovered. A recovery memo was prepared which is exhibit 43A. After the investigation, police filed a chargesheet and the matter was committed to the court of sessions, who framed charges against the revisionist under sections 406, 407 and 411 IPC.
(3.) The prosecution in order to establish its case produced as many as 11 witnesses. Out of these witnesses, PW1 Preetam Singh was the relative of the accused, PW2 Kishan Singh was the Cashier of the Bank and PW3 Ram Bahadur Thapa was the guard of the Bank.;

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