SUDHIR KUMAR KATRIAR,J. - (1.)THIS Criminal Revision Application is directed against the judgment dated 18 -8 -1988, passed by Mr. Satyendra Kumar Gupta, 2nd Additional Sessions Judge, West Champaran, Bettiah, in Criminal Appeal No. 32/87 Piyush Kanti Deo V/s. State of Bihar, whereby he has affirmed in full the judgment dated 18 -8 -87, passed by Mr. Ram Nath, Chief Judicial Magistrate, Bettiah, in Tr. No. 4/86 GR No. 73/81 State of Bihar V/s. Piyush Kanti Deo. The trial Court by its judgment convicted the petitioner under Section 409, IPC and sentenced him to undergo rigorous imprisonment for six years, and further sentenced him to pay a fine of Rs. 5,000/ -, and in default whereof he was further to suffer a sentence for six months, rigorous imprisonment. The sentences were to run consecutively.
(2.)ACCORDING to the prosecution case, the petitioner was a Nazir in Sikta Block in the district of West Champaran at the relevant point of time. According to the written report dated 17 -1 -1981 (Ext.2), the informant, Tripurari Sharan Srivastava (PW -7), the petitioner herein had been entrusted with the duty of taking bill No. 174/80 -81, for Rs. 16,000/ -, to the Collector, West Champaran, Bettiah, for his counter -signature and thereafter for presentation in the Treasury for encashment. The accused -petitioner did not return to Sikta Block till 15. -1 -1981 and, therefore, information was sent to the higher authorities at Bettiah. The informant, who was the Project Executive Officer, Sikta Block, along with other functionaries went to Bettiah and tried to ascertain the where -abouts of the accused -petitioner where it was learnt that he had encash 8 MRD bills totalling Rs.1,65,000/ - which he did not deposit in the concerned Bank account of the Government. The aforesaid report dated 17 -1 -1981 gave the details of the 8 bills. The written report was lodged on 17 -1 -1981, and on the basis of which a formal FIR (Ext.3), was drawn, and a police case was registered against the accused -petitioner under Section 409, IPC. The Police investigated the allegations and submitted charge -sheet against the accused -petitioner under Section 409 IPC. The learned CJM was pleased to take cognizance and framed charges against, the petitioner under Section 409, IPC. The petitioner did not plead guilty and claimed to be tried.
(3.)THE prosecution examined altogether following ten witnesses. Awadhesh Kumar Verma (PW -1) Was the Head Clerk in the office of the SDO, Bettiah; Bihari Nath Mishra (PW -2), was posted as an Assistant in the Government Treasury, Bettiah, and was looking after miscellaneous revenue deposit and repayment; Ram Bahal Singh (PW -3) was posted as Accountant in the Government Treasury at Bettiah; Kailash Prasad Gupta (PW -4) was posted as Nazir at Sikta Block; Akhileshwar Kumar Choudhary (PW -5), was posted as an officer in the State Bank of India at Bettiah; Khaderu Mishra (PW -6) was a junior Managment officer of the State Bank of India at the Cash counter and was declared hostile; Tripurari Sharan Srivastava (PW -7), the informant, was posted as the Project Executive Officer at Sikta Block at the relevant point of time; another Tripurari Sharan Srivastava (PW -8); was the Investigating Officer of the case; Bimal Kumar (PW -9), was posted as Judicial Magistrate at Bettiah, and had recorded the confessional statement of the accused under Section 164 Cr PC; and Mahesh Prasad (PW -10), was posted as Head Clerk in the Block Office at Sikta at the relevant point of time.
The prosecution has proved the following documents. Ext. 1 is general cash book of Sikta Block; Ext. 2 is written report of the informant; Ext. 3 is the signature of the informant on the formal FIR, and the formal FIR is Ext. 4.