Rongon Mukhopadhyay, J. - (1.) Heard Mr. Rajesh Kumar Singh, learned counsel for the petitioner. No one appears on behalf of the State. This application is directed against the judgment dated 02.09.2005 passed by the learned 2nd Additional District and Sessions Judge, Gumla, in Criminal Appeal No. 29/2004 whereby and whereunder the judgment and order of conviction and sentence passed by the learned Sub-Divisional Judicial Magistrate, Gumla in G.R. Case No. 620/1995, T.R. No. 22/2004 convicting the petitioner for offence u/s 409 of the Indian Penal Code and sentencing him to undergo R.I. for three years as also to pay a fine of Rs. 1000/- has been affirmed.
(2.) The allegation made in the First Information Report is that the petitioner was In-charge Forest Range Officer, Chainpur as also In-charge of State Trading Division, Chainpur, Gumla from 12.03.91 to 27.07.95. The petitioner was also In-charge of the Chainpur Division from 04.05.92 to 15.05.95. It is alleged that a physical verification was made in the Central Forest Depo. Chainpur and 617 poles valued at Rs. 25,494.80/- were found missing from the godown. Further allegation has been levelled that on 09.04.95 fire broke out in the Chainpur loging division and the information about the same was given late by the petitioner. It has been alleged that the report of the petitioner overvalued the loss caused. Allegation has also been levelled that the petitioner misappropriated the woods of Dokapat coop for his personal gain. Irregularities were also found in the Account of Chainpur loging Range and Central Forest Depo. Range. Allegation was also made of payment being made to the transporters through voucher some of which neither contain the name of the materials to be transported nor the names of the coops or the signature of the D.F.O.
(3.) Based on the aforesaid allegation Gumla P.S. Case No. 96/1995 was instituted. After investigation resulted in submission of charge sheet cognizance was taken and thereafter charge was framed u/s 409, 471 and 420 of the Indian Penal Code.;