Rajeshwari Prasad, J. - (1.) THIS is a petition in revision by Shri Basant Lal Giri who was convicted Under Section 409, I.P.C. and sentenced to rigorous imprisonment for a period of four years and further to pay a fine of Rs. 400/ - by an order dated 31 -3 - 65 passed by Shri P.S. Jain, Assistant Sessions Judge, Budaun.
(2.) THE Petitioner made an appeal before the learned Sessions Judge, but the appeal was dismissed by the Additional Sessions Judge, Budaun, and the order of conviction of the Petitioner so also the sentence awarded to him was maintained. The Petitioner was a Pradhan of Gram Sabha of village Mira Sarai in the Police circle Kotwali for a number of years. In his position as a Pradhan he had direct control over the funds of the village body according to the provisions of the Panchayat Raj Act and the Rules framed thereunder. The case of the prosecution was that the Appellant was in possession of the sum of Rs. 1843. 9 p. in his capacity as Pradhan, which amount was held by him as in trust. The Petitioner defalcated and misappropriated that amount and thereby committed the offence of criminal breach of trust. It was also the prosecution case that there were several complaints against the Petitioner while he was holding the office of Pradhan. Ultimately this led to an order by the authorities concerned for his removal. That order was made on 22 -12 -1960. It so happened that, before that order could be communicated to the Panchayat Raj Department, the Petitioner sought reelection in January, 1961 and was successful in getting himself re -elected as Pradhan. It was thereafter on 18 -8 -1963, that he was removed from office. While handing over charge he failed to make over the said amount of Rs. Rs. 1843.9 p., when the defalcation was brought to light. The Panchayat Raj Officer made a report to the Police, which is Ext. Ka. 3 on the record. After investigation the Petitioner was charge -sheeted and tried for the offence with which he was charged.
(3.) THE Petitioner pleaded not guilty before the learned Sessions Judge. It was, however, admitted that he was the Pradhan at the relevant time and that funds were entrusted to him with the object of the same being kept and appropriated for lawful purposes. It was also not denied by the Petitioner that the aforesaid sum of Rs. 1843.9 p. was like -wise with him in trust for the Gram Sabha. The defence taken by him was that the aforesaid amount had been duly spent by him over the welfare of the village and its population in accordance with the prescribed rules and procedure. In this connection it was, however, not denied by the Petitioner that necessary entries relating to such expenditure were not made in the account books. The omission to make entries, according to the Petitioner, was on account of the latches of the Panchayat Secretary. According to the Petitioner, it was the Panchayat Secretary who was liable to maintain such accounts. His case further was that at the time he handed over charge, the relevant papers and receipts relating to the expenditure of the aforesaid amount were not demanded from him, which according to him, he eventually made over to the Block Pramukh, Harnam Singh. In short the defence raised was that there was no defalcation or misappropriation of the amount, which was entrusted to the Petitioner.;