- (1.) The present Criminal Revision petition has been filed challenging the judgment, dated 15.2.2012, passed by the learned Additional Sessions Judge, Ferozepur, whereby the appeal filed by the petitioner against the judgment of conviction and the order of sentence, dated 7.4.2009, passed by the learned Sub Divisional Judicial Magistrate, Fazilka, was dismissed.
(2.) The brief facts of the case are that the petitioner, Chiman Lal, was posted as an Execution Clerk in the Court of Additional Civil Judge (Senior Division), Fazilka. The police was informed that Chiman Lal, Clerk, in his capacity as an Execution Clerk, was entrusted with 25 decided execution files for consignment to the Record Room, Ferozepur. Chiman Lal presented an application, dated 7.11.2006, for permission to go to Ferozepur to consign the decided execution files for the month of July-August, 2006, in the Judicial Record Room at Ferozepur. On 13.11.2006, Chiman Lal informed in writing that when he was going to Ferozepur, on the way the bus stopped at Jalalabad. He alighted from the bus for fetching drinking water. In the meantime, the bus started proceeding towards Ferozepur and he could not catch the bus in spite of his best efforts and the files which were being carried by him remained in the bus. The hectic efforts made by Chiman Lal could not yield the positive results and, as such, the 25 files carried by him were lost. The case was registered for the offence punishable under Section 409, IPC, on the direction of Sub Divisional Judicial Magistrate, Fazilka.
(3.) After thorough investigation, the charge-sheet was presented against the petitioner and the charge for the offence punishable under Section 409, IPC, was framed, to which he pleaded not guilty and claimed trial. In order to substantiate its allegation, the prosecution examined the following witnesses:- 1. ASI Tilak Raj as PW-1; 2. Jarnail Singh, Judicial Magistrate Ist Class, Fazilka, as PW-2; 3. Naresh Mittal, Ahlmad in the Court of District and Sessions Judge, Ferozepur, as PW-3; 5. Mrs.D.P.K. Bedi, Chief Judicial Magistrate, Fatehgarh Sahib, as PW-4; 6. Karnail Singh, Criminal Ahlmad, as PW-5; and 7. Palwinder Singh of the office of SSP, Moga, as PW-6.;