B.S.YADAV,J - (1.) THIS judgment will dispose of the above titled Revision Petition as well as Revision Petition No. 586 Basant Singh v. State of Punjab, 603 Kashmir Singh v. State of Punjab, 604 Avtar Singh v. State of Punjab, and 605 Gurbachan Singh and another v. State of Punjab all of 1983, as all of them arise out of the same judgment.
(2.) THE prosecution case in brief is that there was one Co-operative Society by the name of Shapur Amargarh Co-operative Agriculture Society Ltd. (for short the Society). Petition Gurbachan Singh was working as Cashier in the Society while petitioner Balkar Singh and Surat Singh (acquitted accused) were the members of the Managing Committee. Petitioner Basant Singh (of Revision Petition No. 586), was its Secretary, Petitioners Kashmir Singh (of Revision Petition No. 603) and Avtar Singh (of Revision Petition No. 604) were posted in the relevant days as Cashier and Manager, respectively, in Gurdaspur Central Co-operative Bank Ltd. Gurdaspur, at its Kalanaur Branch (for short the Bank). Petitioner Kishan Chand and Harbans Lal (of the present Revision Petition) were posted as Inspector and Sub Inspector, Co-operative Department respectively and the Society fell in the jurisdiction of their control. On 13.8.1974, Gurbachan Singh, Balkar Singh, Surat Singh and Basant Singh as members of the Managing Committee of the Society passed a resolution for the purchase of fertilizer worth Rs. 30,800/- for distribution to its members. On the strength of that resolution, those four persons demand from Exhibit PB for Rs. 30,800/- in the names of some members, including Tara Singh PW7, Piara Singh PW8, Kartar Singh PW9, Piara Singh PW18 and Puran Singh son of Mangal Singh. Petitioners Kishan Chand and Harbans Lal endorsed the demand from Exhibit PB. Later on the demand was reduced to Rs. 29,200/- on the ground that one of the loanees, i.e., Puran Singh had field. That correction purports to have been made on 14.8.1977. The correctness is attested by Harbans Lal petitioner. On 16.8.1974 PW2 S.K. Salwan, then Registrar of Co-operative Society, recommended that demand form in the following terms :- "Recommendation of the Inspector is accepted."
(3.) ON the basis of this demand from first authority letter Exhibit P.24 for Rs. 30,800/- (also referred in the evidence as advice) was got issued from the Bank. It was signed by Avtar Singh and Kashmir Singh. On the basis of this authority letter, Gurbachan SIngh petitioner lifted fertilizer worth Rs. 30,800/- vide form F.F. VII (Exhibit P.26) from Dharwal Zimidara Co-operative Marketing Society from Dhariwal on 17.8.1974. Pawan Kumar was in those days working as Manager of the Dhariwal Society while Malkiat Singh was its salesman.;