J.K. Tandon, J. - (1.) THE Appellant, who was Qurq Amin in the Co -operative Department at Sitapur, has been convicted and sentenced to eighteen months rigorous imprisonment and a fine of Rs. 208/ - by the learned Additional Sessions Judge of that place for an offence under Section 409, IPC The facts which are either not disputed or are otherwise established are these:
(2.) THE Appellant was admittedly a Qurq Amin in the above Department at sitapur and was as such charged with the duty to realise seed store dues from defaulters payable by them to the Co -operative Development, Federation. The Co -operative Societies known as Co -operative Seed Stores issued superior quality seed on certain promises to pay the price later to the members of the society etc. if any member failed to pay the price as promised by him the same had to be realised under the rules relating to the scheme from the defaulter by attachment and sale of his property. Sarju Prasad (PW 1) accordingly took some seed from the Parsendi Cooperative Seed Stores for which he was liable to pay Rs. 301/8/ -. On the 1st November, 1953, the Appellant Ram Pal Singh who bad been entrusted with the duty to realise the said amount from Sarju Prasad went to his place in village Madnapur and effected attachment of two bullocks and one cart of the value of Rs. 201/8/. Since the total demand was Rs. 301/8/ - the balance of one hundred rupees still remained. The prosecution came with the allegation that on Sarju Prasad's request to Ram Pa Singh the latter allowed him to pay this balance the next day. Consequently Sarju Prasad borrowed this amount from one Ram Autar and paid it to Ram Pal Singh on the 2nd November, 1953, in the presence of Ram Autar and Rikh Nath. The prosecution also, alleged that Ram Pal Singh gave a kachcha receipt for this amount to Sarju Prasad the same day professing that the official receipt will be sent to him later. The further facts are that on December 6, 1953, the attached property consisting of a cart and two bullocks was sold by Ram Pal Singh for Rs. 201/8/ - to one Ram Sarup who paid that amount to Ram Pal Singh under a receipt Ex. Kha 1. The receipt of this amount from Ram Sarup is admitted by Ram Pal Singh, who has further admitted that he failed to deposit it immediately in the office of the Federation. On the same date, i.e. the 6th of December, 1953, Saiju Prasad is said to have asked Ram Pal Singh to give him a regular receipt for one hundred rupees. Ram Pal Singh took the kachcha receipt arid tore it with the assurance that he would sent a pukka receipt from Sitapur, Admittedly he never sent any such receipt to him. It may be stated at this very stage that according to the defence this amount was never realised by Ram Pa) Singh horn Sarju Prasad nor the former gave him any receipt, kachcha or pakka nor made any promise for the issue of a regular receipt.
(3.) NOTHING happened for five or six months thereafter. When Ram Pal Singh was succeeded by another Qurq Amin byname Gur Sahai, Gur Sahaimade a demand from Sarju Prasad of the entire amount of Rs. 301/8/ - whereupon Sarju Prasad pointed out that be had made the full payment. As the amount was admittedly not credited in the books of the Federation his attention was drawn to that fact. He therefore made an application to the Panchayati Raj Officer at Sitapur which is Ex. Ka -2 on 11th June, 1954, placing his grievance. This application was passed on to the Co -operative Inspector who submitted his report against the Appellant on the 9th August, 1954. The following day, i.e. 10th August, 1954 the Appellant was suspended and was further called upon to hand over charge immediately. After some time a complaint was also filed and the prosecution cut of which this appeal has arisen was commenced.;