Court No. - 78
Case :- GOVERNMENT APPEAL No. - 260 of 1984 Appellant :- State Respondent :- Ram Vir Singh Counsel for Appellant :- A.G.A.
Counsel for Respondent :- A.B.L. Gaur
Hon'ble Ajit Singh,J.
Heard learned A.G.A. for the State.
This application has been moved by the State seeking leave to file an appeal against the judgement and order dated 22.7.1983 passed by the Additional District Judge, Mainpuri under Section 409 I.P.C. in Criminal Appeal No. 51 of 1982, P.S. Ghiror, district-Mainpuri.
Briefly stated the facts of this case are that on the basis of the first information report a case was registered against the accused respondent, Ram Vir Singh under Section 409 I.P.C. It was alleged in the F.I.R. that accused-respondent was working as Krishi Nirikshak at Ghiror Seed Store of Agriculture Department, Mainpuri. The accused in the year 1971-72 had wrongly showed in the account book the transfer of ten tons of urea and 12.700 tons of C.A.N. fertilizer through bill no. 5290 dated 15.3.1972 to the Nagla Salehi Seed Store of the same agriculture department, while in fact no fertilizer was delivered to the Nagla Salehi Seed Store and thus, the accused committed embezzlement of chemical fertilizer worth of Rs. 24326.30 by wrongly showing its transfer in the account book of Nagla Salehi Seed Store. In this regard a report was filed by District Agriculture Officer, Mainpuri on 1.9.1973, thereupon a case was registered against the accused under Section 409 I.P.C. The Investigating Officer after completion of investigation has submitted chargesheet against the accused. Learned Magistrate after taking evidence of the prosecution convicted the accused under Section 409 I.P.C. and sentenced him to undergo one year rigorous imprisonment with a fine of Rs. 500/- and in default of payment the accused shall undergo one month's further imprisonment vide order dated 26.2.1982.
Aggrieved from the order of conviction accused-respondent preferred a Criminal Appeal No. 51 of 1982 in the court of VI Addl. Sessions Judge, Mainpuri and Sessions Judge allowed the said appeal. The first appellant court had given reasons for the acquittal of the accused and observed that the accused had sent fertilizer to the Chiror Seed Store, which was received by Sri Radha Charan Gupta. The appellant court has also held that the matter was not properly investigated and the Magistrate has not recorded the conviction on sound principles of law and evidence. The appellate court has also observed that handwriting expert's opinion must have been sought regarding delivery and acceptance of disputed fertilizer by the accused and the person who had received but this has not been done.
The Fourth Addl. District Judge, Mainpuri after considering the submissions made by learned counsel for the parties before him and examining the evidence on record during trial came to the conclusion that the prosecution had failed to prove its case against the accused-respondent and proceeded to acquit him.
Learned A.G.A. submitted that the impugned judgement and order is against the evidence on record and the acquittal recorded by the trial court can not be sustained and is liable to be quashed.
I have heard the learned A.G.A. and perused the impunged judgement and order.
Learned Sessions Judge after a thorough marshaling of the facts of the case and a microscopic scrutiny of the evidence on record has held that the prosecution has failed to prove the charge against the accused respondent. The findings recorded by the learned Sessions Judge in the impugned judgment are findings of fact based upon relevant evidence and supported by cogent reasons. Learned A.G.A. has failed to demonstrate that the same suffer from any infirmity or illegality or perversity requiring any interference by this Court. I do not find any compelling reasons to upset the acquittal recorded by the learned Sessions Judge. No interference with the impugned judgment and order of acquittal is warranted.
Accordingly, leave to appeal is refused and the application is dismissed.
Order Date :- 29.9.2021 Faridul On appeal In view of the order passed by me on the application for grant of leave to appeal, this appeal is also dismissed.
Order Date :- 29.9.2021. Faridul