Uma Nath Singh, Harsh Kumar, JJ. - (1.) WE have heard learned Counsel for parties and perused the records of criminal appeal. This appeal has been filed against the judgment and order dated 13.1.1982 passed by Judicial Magistrate -I, Muzaffar Nagar, in Case No. 984 of 1980, registered under section 409 I.P.C.
(2.) BRIEF facts of the case giving rise to filing of this criminal appeal are that accused Akhil Bhuwan had transferred on 28.10.1971, Sixteen Tonnes Ammonium Sulphate, worth Rs. 6884 to Assistant Agriculture Inspector, Kaserva Kala, vide Bill No. 12/3547. An entry was made in store ledger but later on it was cancelled, and in place of Assistant Agriculture Inspector, name of one Shyam Singh was substituted as purchaser. However, there is no such receipt on record. On 8.6.1972 also, Twenty One Tonnes of Urea (45%) of Rs. 19740/ - and Four Tonnes of Urea (46%) of Rs. 3886/ - (thus, in total Rs. 23576/ -) vide Bill No. 25/3547 were again sent to Assistant Agriculture Inspector, Kaserva. However, it was not found to be billed and entered in the record of transferee godown. Thus, there was a misappropriation of Rs. 30,460/ - in the aforesaid both transactions. That apart, on 31.7.1972, at the time of handing over of the charge of godown, a deficiency of 475 Kg Urea (45%), plus 440 Kg. and 900 Grams (46%) of urea was also detected. That apart, a shortage of 40 Kg of DAP, worth Rs. 1013.17/ - was also found. During the verification of stock, a total amount of Rs. 33014.11 was found to have been misappropriated.
(3.) REGARDING the charge against accused Vedpal Singh, it was mentioned that on 8.6.1972, he was posted as Assistant Agriculture Inspector, Kaserva, when accused Akhil Bhuwan had sent 21 Tonnes Urea (45%) and 4 Tonnes Urea (46%) of the value of Rs. 23576/ -. As regards allegation against accused Raj Singh, he was also found to have remained posted as Assistant Agriculture Inspector, Kaserva. On material date, namely 28.10.71, accused Akhil Bhuwan had sent 16 Tonnes of Ammonium Sulphate of Rs. 6884/ -.;