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2018 DIGILAW 562 (RAJ)

RAM CHANDER v. C. B. I.

2018-02-16

SABINA

body2018
JUDGMENT : SABINA, J. 1. Vide this order above mentioned two petitions would be disposed of. 2. Prosecution story in brief is that petitioner Ram Chander was working as a Khadi worker and petitioner Tikam Chand Khatri was working as a Supervisor in the office of Khadi and Village Industries Commission, Bikaner. On 17.01.1980, 145.500 Kilograms hosiery cloth was sent to Suraj Industries, Bikaner for dyeing purposes vide challan No. 7642 dated 17.01.1980. However, petitioners in connivance with each other had shown that in-fact 226 Kilograms hosiery cloth had been sent for dyeing purposes. Hence, the petitioners had misappropriated cloth weighing 87.500 Kilograms. 3. After completion of investigation and necessary formalities challan was presented against the petitioners. 4. In order to prove its case prosecution examined 14 witnesses during trial. Petitioners when examined under section 313 Code of Criminal Procedure, 1973 after the close of prosecution evidence prayed that they were innocent. Petitioners examined DW-1 Kanhaiya Lal Joshi in their defence. 5. Trial Court vide judgment/order dated 25.04.1984 ordered the conviction and sentence of the petitioners under Sections 409, 465 and 120-B of Indian Penal Code, 1860. In an appeal filed by the petitioners, their conviction as ordered by the Trial Court was upheld. However, sentence qua imprisonment of the petitioners was reduced to simple imprisonment for three months. Hence, the present petition by the petitioners. 6. Learned counsel for the petitioners has submitted that the prosecution had failed to prove its case. There was no material on record to establish that the petitioners had in-fact committed any breach of trust or forgery. 7. Learned counsel for C.B.I. has opposed the petition and has submitted that sufficient material had been led on record to establish that the petitioners had committed the offence in question. 8. A perusal of Exhibit-P-3 reveals that on 17.01.1980 vide challan No. 7642, 145.500 Kilograms hosiery material was sent to Suraj Industries, Bikaner. 9. A perusal of Exhibit-P-80 reveals that in the stock register, entry had been made by petitioner Tikam Chand Khatri that 226.500 Kilograms cloth had been sent. 10. Exhibit-D-1 is the record which is kept in the office of Khadi and Village Industries Commission, Bikaner. A perusal of Exhibit-D-1 reveals reveals that in the said challan No. 7642 retained by Khadi and Village Industries Commission, Bikaner. 10. Exhibit-D-1 is the record which is kept in the office of Khadi and Village Industries Commission, Bikaner. A perusal of Exhibit-D-1 reveals reveals that in the said challan No. 7642 retained by Khadi and Village Industries Commission, Bikaner. Entry has been incorporated that apart from 145.500 Kilograms cloth 87.500 Kilograms cloth had also been sent to Suraj Industries, Bikaner. So far as Exhibit-P-3 is concerned, the said document is the copy of challan which was in the possession of the Suraj Industries, Bikaner with regard to the cloth received by them. Thus, there is a clear discrepancy in the weight of the cloth in Exhibit-P-3 and Exhibit-D-1. It is the prosecution story that on coming to know that objection has been raised by the audit report vide Exhibit-P-85, petitioners forged an entry in Exhibit-D-1 to show that 87.500 Kilograms cloth had also been sent to Suraj Industries, Bikaner apart from the quantity depicted in Exhibit-P-3. 11. Exhibit-D-10 is the Gate Pass and a perusal of the said document reveals that the same relates to challan No. 7642 dated 17.01.1980 and in the said Gate Pass, quantity of the cloth has been described as 145.500 Kilograms. 12. As per the attendance register, petitioners were on duty on the date challan Exhibit-P-3 had been issued. The above mentioned documents have been proved by the witnesses examined during trial. 13. Thus, in the present case, it was duly established that the petitioners in connivance with each other had shown dispatch of more cloth to Suraj Industries, Bikaner than the quantity of cloth actually sent to Suraj Industries, Bikaner. Infact, as per the challan Exhibit-P-3 and Exhibit-P-10 Gate Pass, 145.500 Kilograms hosiery cloth had been sent to Suraj Industries, Bikaner, whereas, in the record Exhibit-P-80 it had been shown that 226 Kilograms hosiery cloth has been sent to Suraj Industries, Bikaner on 17.01.1980. Interpolation has been made in the challan Exhibit-D-1 bearing No. 7642 dated 17.01.1980 by the accused to bring it at par with Exhibit-P- 80. The disputed entries in Exhibit-D-1 and Exhibit-P-80 had been made by the petitioners. 14. In the facts and circumstances of the present case, Courts below after appreciating the evidence on record had thus, rightly ordered the conviction and sentence of the petitioners under Sections 409, 465 and 120-B of Indian Penal Code, 1860. The disputed entries in Exhibit-D-1 and Exhibit-P-80 had been made by the petitioners. 14. In the facts and circumstances of the present case, Courts below after appreciating the evidence on record had thus, rightly ordered the conviction and sentence of the petitioners under Sections 409, 465 and 120-B of Indian Penal Code, 1860. No ground for interference by this court while exercising revisional jurisdiction is made out.