S.I.Jafri - (1.) RAJESHWARI Singh appellant has filed this appeal against his conviction under section 409 IPC and sentence of 10 years Rl and a fine of Rs. 60.000/- (Rupees sixty thousands) recorded by Sri S. C. Srivastava, II Assistant Sessions Judge, Gorakhpur by his judgment and order dated 16-8-76 in Sessions Trial No. 157-A of 1974, State v. RAJESHWARI Singh and others. Along with RAJESHWARI Singh appellant, Lal Chand and Janardan Tewari co-accused were also tried on the charge under section 409 read with section 109 IPC but they were acquitted by the trial court.
(2.) THE State of U. P filed Government Appeal No. 2668 of 1976 against the acquittal of Lal Chand and Janardan Tewari. THE appeal against Lal Chand was admitted while the appeal against Janardan Tewari was dismissed summarily by the High Court. In brief the prosecution case is that there has been a Co-operative Cane Development Union at Siswa Bazar, District Gorakhpur. It was aided by the Government and named as " Sahkari Ganna Vikas Samiti Limited, Siswa Bazar " (hereinafter referred to as the Union). One of the functions of the said Union was to look after the supply of sugar-cane by the Cane Growers to the Sugar Factory, correct weighment of sugar-cane and payment of correct prices by the sugar-cane factory to the cane-growers. The Cane Growers used to take their sugar-cane to the Sugar Factory gates as well as various purchase centres established for the purpose of receiving sugar-cane and the same were weighed in the presence of the representatives of the Union and thereafter weighment slips were issued by the men of the Sugar Factory to the Sugar-cane growers. The Head Cashier of the Union used to realise from the Sugar-cane factory the price of the sugar-cane supplied by the sugar-cane growers to the Factory and got the same paid to the rightful cane growers though their Assistant Cashiers of the Union after deducting some commission for the Union. It is alleged that Rajeshwari Singh appellant worked as Assistant Cashier and Incharge of the Classified Section of the Union during the Session 1965-66. It is also alleged that Janardan Tewari accused had worked as Zonal Classified Clerk and Sri Lal Chand worked as Classified Clerk under Rajeshwari Singh accused during the said period.
(3.) THE prosecution case is that on the dates given below Rajeshwari Singh had taken various amounts through Bhagwati Singh PW 23, Head Cashier of the Union as advance for payment to cane growers but he had paid only part of the said amount to the cane-growers and as such he had embezzled the remaining part of the advance money which was entrusted to him by the aforesaid Bhagwati Singh, Head Cashier of the Union : JUDGEMENT_392_ACRR_1988Image1.jpg Thus Rajeshwari Singh appellant is alleged to have committed criminal breach of trust for a total sum of Rs. 15107.24 as a Public Servant. THE other two accused Janardan Tewari and Lal Chand were said to have abetted the commission of the aforesaid offence by Rajeshwari Singh. On the basis of report of embezzlement, lodged by Sri Salig Ram Srivastava, Hony. Secretary of the Co-operative Union Siswa Bazar Gorakhpur, a case u/Sec. 409 IPC was registered on 22-2-67 at Police Station Kothibhar against Rajeshwari Singh appellant and Bhagwati Singh PW 23, Head Cashier of the Union for embezzlement of Rs. 35578 53. Later on, Sri Salig Ram Srivastava, by his letter dated 2-3-67, had informed the Station Officer, P. S. Kothibhar the final amount of embezzlement as Rs. 51113.86;