Muni Lal Verma, J. - (1.) THE appellant and Amar Singh, who is appellant in Appeal No. 1168 of 1970, were convicted by the learned Additional Sessions Judge, Karnal, under sections 406, 467 read with section 34, and under section 120 -B, Indian Penal Code, and were sentenced - - (a) Under section 406 read with section 34, Indian Penal Code to 2 years' rigorous imprisonment each (b) Under section 467 read with section 34, Indian Penal Code, to 4 years' rigorous imprisonment with a fine of Rs. 4000/ - each, in default the defaulter to further suffer rigorous imprisonment for 2 years; (c) Under section 120 -B, Indian Penal Code, to 3 years' rigorous imprisonment; with the direction that all the substantive sentences of imprisonment would run concurrently.
(2.) THE prosecution case, in brief, is that there was Songal Cooperative Agricultural Farming Service Society (hereinafter called the Society) in village -Songal. In the year 1964, Puran Singh was the President, the appellant was the cashier, Zile Singh was Secretary and Amar Singh was one of the members of the Society. The appellant and Amar Singh were fast friends. The appellant was running a depot in his house for the supply of sugar, kerosene oil and fertilizers and had been distributing the same to the villagers. A decision was taken by the Society that a loan of Rs. 10,000/ - be raised from the Kaithal Branch of the Central Cooperative Bank, Karnal, (hereinafter called the Bank) for distribution of the same to its members. On March 28, 1964, the appellant accompanied by Amar Singh went to the Bank, carrying the necessary application for loan (Exhibit P.K.) bond (Exhibit P.H.) balance sheet (Exhibit P.Q.) and demand list (Exhibit P.R.) and on the basis of the said documents the appellant obtained the amount of Rs. 10,000/ - as loan from the Bank on behalf of and for the society. Amar Singh attested the payment voucher. Once again, the Society resolved to raise a loan of Rs. 4,000/ - from the Dank for distribution of the same to its members. Therefore, on April 22, 1964, the appellant approached the Bank with documents, including application for loan (Exhibit P.L.) bond (Exhibit P.J.) and list of demand (Exhibit P. V.) and on the basis of the said documents, he obtained the loan of Rs. 4,000/ - for and on behalf of the Society. The aforesaid amounts of loan (i.e., Rs. 14,000/ -) were, however, not distributed or paid to the members of the Society and whenever they made enquiries about the same from the appellant and Amar Singh, both of them had been representing that the said loans had not yet been withdrawn from the Bank. Whenever the villagers, including the members of the Society, had been visiting the depot of the appellant for obtaining sugar etc., the appellant, Amar Singh and sometime Zile Singh (since acquitted) too, had been obtaining their thumb impressions and signatures on papers, representing that the same were applications for supply of sugar etc., or for increase of the quota of the same When the loanees, shown in the record of the Society, defaulted in repaying the loans, Shri Balbir Singh, Inspector of Cooperative Societies, went to village -Songal and summoned them. On May 28, and 29, 1966, on enquiry he learnt from them that no loan had been advanced or received by them from the Society. Amar Singh admitted before him that he owed the amount of Rs. 14,000/ - to the Society and he would be depositing the same in the Bank. Shri Balbir Singh reported the matter to the Assistant Registrar, Cooperative Societies, Kaithal, who forwarded the same to the Police, as a consequence of which a case under sections 467, 458, 409, 466, 471 and 120 -B, Indian Penal Code, was registered at Police Station, Pundri. After necessary investigation, the said Police sent up the appellant, Amar Singh and Zile Singh for the offences under the aforesaid sections, and the learned Magistrate committed them to the Court of Session, Karnal, to stand trial for the offences under sections 409, 467 read with section 34 and section 471, Indian Penal Code. At the trial, they were also charged under section 120 -B, Indian Penal Code. The appellant, Amar Singh and Zile Singh denied to have misappropriated any amount. The learned Additional Sessions Judge accepting the prosecution case as against the appellant and Amar Singh, convicted and sentenced them, as stated above. He, however, doubted the participation of Zile Singh in the crime and acquitted him. Aggrieved by their convictions and sentences, the appellant and Amar Singh have preferred separate appeals. Since both these appeals have arisen out of one case, the same are being disposed of by one judgment. Shri M.L. Nanda, the learned counsel for the appellant, and Shri Ram Rang, the learned counsel for Amar Singh, challenged the judgment of the learned Additional Sessions Judge with the contentions that the evidence present on record was not sufficient to prove the offences for which they had been convicted and their trial suffered from the infirmity of misjoinder of charges.
(3.) THE facts, that in the years 1964, Puran Singh was the President the appellant was the cashier and Amar Singh was one of the members of the Society, that on March 28, 1964, the appellant obtained Rs. 10, 000/ - as loan from the Bank for and on behalf of the Society and Amar Singh had then accompanied him to the Bank and was present when the said amount was paid to him, and that once again the appellant had obtained on April 22, 1964, Rs. 4000/ - as loan for and on behalf of the Society, are amply proved on record and are admitted.;