M.JEYAPAUL, J. - (1.) APPELLANT Darshan Singh has filed Crl.A. No.226 -SB of 2007, appellant Inderjit Singh has filed Crl.A. No.250 -SB of 2007 and appellant Avtar Singh has filed Crl.A. No.298 -SB of 2007, challenging the conviction and sentence under Section 120 -B/467/468/471/477 IPC and Section 13(1) (c) of the Prevention of Corruption Act, 1988. Accused Ramesh Kumar died during the pendency of the trial and accused Nanak Chand Rana was discharged by this High Court vide order dated 9.2.2006.
(2.) THE brief case of the prosecution is that on 19.10.1995, DSP Raghbir Singh accompanied by other police officials visited Punjab Warehousing Corporation godown at Khanian road, Amloh. Darshan Singh, Manager and Inderjit Singh, Accounts Clerk of the said Warehousing Corporation were present. DSP Raghbir Singh checked the stock register and other records. As per the records, wheat was stored in Sat Kartar Rice Mill and Siri Gobind Rice Mill, Amloh. On checking the bags of wheat, it was found that some of the bags were missing. Darshan Singh, Manager informed DSP that stock had been shifted to godown No.7 of Warehousing Corporation due to rainy season. Some bags had been destroyed on account of rain. On checking, 16,999 bags of wheat were found missing. As per record, there should have been 22,700 bags of wheat. On the basis of the report prepared by DSP Raghbir Singh to the effect that the accused might have embezzled to the tune of Rs.66 -67 lacs, the present case was registered. After completion of the investigation, the present accused were challaned. On the side of the prosecution, as many as 16 witnesses were examined. Accused Avtar Singh and Darshan Singh in their statements under Section 313 Cr.P.C. contended that there were no rules framed by the Food Corporation of India (for short 'FCI') as to how the wheat should be stored. In fact, the wheat bags were stored in open godown taken on rent. Due to heavy rains wheat bags were shifted to a safer place. Though the wheat bags were lying at safer place, the Vigilance Department without visiting the said place falsely implicated them. Accused Inderjit Singh in his statement under Section 313 Cr.P.C. has submitted that as his duty was only to maintain account books, registers and other records at warehouse, the stock of wheat was not in his physical control nor was it in his custody. He was not responsible for the wheat stock lying in the open godown. He also endorsed the other pleas taken by co -accused Avtar Singh and Darshan Singh.
(3.) ON the side of the defence, 5 witnesses were examined to substantiate the plea set up by the accused.;