IN THE HIGH COURT OF JUDICATURE AT PATNA Govt. Appeal (SJ) No. 4 of 2005 ======================================================== The State of Bihar. .... .... Appellant/s Versus 1. Satya Narain Mishra, Son of Late Subansh Mishra, Resident of Village and Post Chandauna, P.S.-Jally, District-Darbhanga.
2. Ganga Pd. Singh, S/o Late Rajendra Labh, Resident of Village-Gora Path, P.O. Budh Mahila Vidyapeeth, Via Laherisarai, District- Darbhanga. .... .... Respondent/s ======================================================== Appearance : For the Appellant/s : Mr. Syed Ashfaque Ahmad, APP. For the Respondent/s No. 2 : Mr. Abhay Kumar Singh-1, Adv. Mr. Sunil Kumar Karn, Adv. Mr. M.S.Hoda, Adv. Mr. Surya Narain Yadav, Adv. For the Respondent No. 1 : Mr. M.S. Hoda, Adv. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT
Date:
13. 08-2013 Anjana Prakash, J.
The Petitioner is aggrieved with the judgment of acquittal dated 13.03.2004 passed by the 2nd Additional Sessions Judge, Darbhanga in Cr. Appeal No. 26 of 1998 and 32 of 1998 by which he has allowed the appeal of the Opposite Parties. The case of the Informant was that when an inquiry was got conducted by G.D. Mishra, Joint Director of Industry it revealed defalcation of Government money amounting to Rs. 1, 18,620 and 29 paise. This defalcation was detected in the audit report of the auditors. At the relevant time the Opposite Party No. 1 was the Store Keeper whereas the Opposite Party No. 3 was Accountant of Samanya Sulabh Sewa Kendra Dharampura, Purana, Darbhanga, Industries Department. During trial the prosecution examined six Patna High Court G. APP. (SJ) No.4 of 2005 dt.13-08-2013 2 witnesses out of whom P.W. 1 was the informant and proved the various documents. The informant stated that the First Information Report was instituted on the basis of an audit report of 1993 prepared by the Joint Director of Industries, Bihar, Patna and it was on the basis of the audit report and the inquiry report that he had prepared a list of misappropriated amount mentioning the defalcated amount against each accused. He thereafter proved relevant documents. P.W. 2, Rajeshwar Singh has stated that between 05.09.1986 to 27.08.1991 he was posted for the industries department, Darbhanga where a Committee had been constituted to prepare a search list of which he was one of the members. The Committee had prepared a list of accounts and store which he proved as an inventory list. P.W. 3 stated that he was the Cashier in the District Industries Department, Darbhanga and also constituted a Committee which had prepared the inventory. He further stated in the audit report a number of irregularities had been detected on account of which the present case was instituted. He also proved a number of documents which were official in nature. P.W. 4, Shyam Varan Prasad was one of the auditors along with P.W. 5 Indrakant Jha who stated that during the course of audit conducted for about six months a number of irregularities were found in the store. Incidentally, this audit is of between the years 1974-82 Patna High Court G. APP. (SJ) No.4 of 2005 dt.13-08-2013 3 when accused, Satyanarayan Mishra joined as a Store Keeper from 06.12.1997 whereas Ganga Prasad was the Store Keeper between 14.07.1974 to 15.09.1977. Finding the prosecution case reliable the Trial Court convicted the Opposite Parties No. 1 and 2 u/s 409 IPC. However, when the matter came in appeal the Appellate Court considered various aspects of the matter including the fact that there was no positive material that the Petitioners had ever been entrusted with property which was later found missing as per the inventory and hence no offence u/s 409 IPC was made out. Learned Counsel for the Appellant has gone through the evidence of the Court but is unable to satisfy this Court that there is material on this point. In view of the fact that basic ingredients of the offence are missing, I am not inclined to interfere in the judgment of acquittal. Hence, finding no merit in the application, the same is dismissed. (Anjana Prakash, J.) Patna High Court, Patna Dated, the 13th August, 2013 NAFR/Vikash/-