Rajeshwari Prasad, J. - (1.) This is a petition in revision by one Tilak Ram who was convicted under Sec. 409 I.P.C. by the Assistant Sessions Judge, Meerut and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 400.
(2.) The Additional District and Sessions Judge, Meerut by his order dated June 9, 1964 dismissed the appeal of Tilak Ram, which he had preferred against the order of conviction passed by the learned Magistrate.
(3.) The petitioner was a Kamdar of Cooperative Societies Seed Store, Darweshpur, Police Station Parichhatgarh in the year 1957 -58. At that time one, Shri Gyan Prakash was Supervisor incharge of the Co -operative Seed Store at Darweshpur. One of the functions of the Society was to advance grain to the members of the Society to be used as seed which Was to be returned back with additional grain to the extent of one -fourth of the grain advanced. For the above purpose, grain used to be indented and stocked under the charge of the supervisor. The petitioner is also alleged to have worked as Chaukidar. According to rules governing the Society, it was the duty of the Supervisor to issue grain and make necessary entries in respect thereof in purzis, bonds, Galla Bahi and Khata Bahi. It was also alleged that in the absence of the Supervisor the Kamdar used to perform his duty, although there was no such provision in the governing rules. The case of the prosecution is that the petitioner issued 2 1/2 maunds of wheat to one Moti and 1/2 maunds of wheat to one Balwant on the 26th October 1957 and relative entries were made in the relevant papers. No wheat at all was given to them. The prosecution further alleged that on 31st October 1957, 2M: maunds of wheat was advanced to one Kanhaiya and entries were made in the relevant papers to show that he had received 5 maunds of wheat on that date. On that basis, the prosecution alleged that 7 1/2 maunds of wheat was misappropriated and embezzled by the petitioner. On the 4th February 1958, entries were made in the relevant papers to show that 30 maunds of bhoosa had been advanced to one Ram Dayal, but in fact no such advance of Bhoosa had been made and this commodity also was criminally misappropriated by the petitioner who had made the entries is the relevant papers in respect thereof. It appears that Sri Gyan Prakash, the Supervisor on the relevant dates was transferred and one Shri Sheo Raj Singh took charge of the Seed Store as Supervisor. It was he, who detected the above fraudulent entries and transactions and that the persons who were said to have received the wheat and bhoosa on the relevant dates did not actually receive them. He reported the matter to the Circle Officer, Shri Babu Ram Sharma. Subsequently, a report was made to the Assistant Registrar Co -operative Societies, who in his turn brought the facts to the notice of the S.S.P. Meerut by his letter Ex. Ka. 24. The case was thereafter registered, investigated and the petitioner challaned.;