A.S.NEHRA,J - (1.) PETITIONER was convicted under Section 409 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 25,375/- in default thereof to further undergo rigorous imprisonment for two years on 16.4.1982 by the Chief Judicial Magistrate, Hissar.
(2.) THE appeal filed by the petitioner was dismissed on 25th March, 1986 by the Additional Sessions Judge, Hissar but the sentence of the petitioner was reduced to three years' rigorous imprisonment and imposition of fine and imprisonment in default thereof was upheld by the learned Additional Sessions Judge, Hissar. The prosecution story is that the petitioner was Sectional Officer Incharge in the month of February, 1972, when the work of construction of Government College, was started. The duties of the petitioner as Sectional Officer were to receive the material and use it in the construction and to maintain its proper account. When Shri B. S. Khurana, Sub Divisional Officer was to leave the University, the physical verification of the material lying on the work was necessary. The Executive Engineer (Civil) vide his letter No. 5439-44 dated 8.9.1975 asked Sarvshri B. D. Singh, Sub Divisional Officer, Kapoor Singh, Sub Divisional Officer (Design) and Alwyn Veigns Sectional Officer to carry out physical verification of material lying on the site of Government College, in the charge of the petitioner and B. S. Khurana. A copy of the said letter was endorsed to the petitioner and Shri B. S. Khurana. Sarvshri B. D. Singh and K. Singh carried out physical checking on 1.10.1975 and submitted report Ex. P6 showing thereunder that 26401 C.ft. Bajri was lying at site. The discrepancy/shortages could not be worked out by them as the MAS registers were lying in the custody of petitioner and Shri B. S. Khurana Sub Divisional Officer Incharge of the work. The petitioner left the MAS register in the Sub Division No. 1975 when he submitted his resignation. The quantity of Bajri shown in the MAS register as lying at the site of two sizes was 46853 (22440 plus 24413) C.ft. exists, whereas collectively the quantity of two sizes found physically at site was 26401 Cft. according to physical verification carried out by Shri D. D. Singh on 1.10.1975. Thus there was a shortage of 20452 C.ft. The value of which worked out to Rs. 25565/-. Petitioner used to take the supply from M/s. National Stone Crushing Mills, Khanak, (Tusham) from 16.3.1972 to 13.2.1973. The receipts were shown in the measurement books and checked by Shri B. S. Khurana, Sub Divisional Officer.
(3.) NO theft was ever reported by the petitioner and Shri B. S. Khurana. During investigation, Assistant Sub Inspector Ram Lal on 17.2.1976 carried out physical verification in the presence of Shri B. S. Dhawan PW4 and Aditya Gaur Sectional Officer. On physical verification total quantity of 26553 C.ft. Bajri was found lying. Report Ex. P7 containing details of Bajri lying at the site of Government College, was prepared. The shortage of 20300 C.ft. was found during investigation.;