PATNA, India, Aug. 19 -- Patna High Court issued the following judgment on July 21:

1. The instant revision under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the judgement and order of conviction of sentence dated 18th of May, 2024, passed by the learned Additional Sessions Judge 1st, Samastipur in Cr. Appeal No. 14 of 2024, whereby and whereunder, he dismissed the appeal filed by the petitioner, affirming the order of conviction and sentence, passed by the learned Sub-Divisional Judicial Magistrate, Samastipur in G.R. Case No. 3480 of 2013, arising of Samastipur Muffasil P. S. Case No. 616 of 2013, T.R. No. 1255 of 2024, convicting the petitioner for the offence punishable under Sections 406 and 420 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 3 years each on each count of offence with fine of Rs. 10,000/- each with default clause of imprisonment for 3 months for non-payment of fine. It was directed that substantive punishment of imprisonment for the offence under Sections 406 and 420 of the IPC shall run separately.

2. In appeal, the Appellate Court modified the order of sentence with a direction that the substantive imprisonment for 3 years for the offences under Sections 406 and 420 of the IPC shall run concurrently.

3. Legality, validity and propriety of the order of conviction and sentence is under challenge in the instant revision.

4. Samastipur Muffasil P. S. Case No. 616 of 2013 was registered on the basis of a written complaint submitted by one Sunil Kumar Sinha (P.W. 4), Divisional Manager, Bihar State Warehousing Corporation (hereinafter referred to as "BSWC"), Muzaffarpur, alleging, inter alia, that the petitioner was the PCDO and In-Charge of godowns/warehouses, owned by BSWC, Samastipur. He was posted as In-Charge of warehouse at Samastipur during the period between 25th of February, 2010 and 31st of July, 2012. On 31st of July, 2012, he was transferred from Samastipur. He was directed to handover charge to his successor, namely, Mukeshwar Sharma, However, he did not deliver charge of the warehouse at Samastipur. Under such circumstances, the District Magistrate, Samastipur, vide letter dated 9th of December, 2023 directed P.W. 4 to make an inventory of the stock in the said warehouse in presence of a Magistrate. It was stated in the complaint that during inventory, the officers of the District Administration, Samastipur including P.W. 4 found shortage of 2230 sacks of DAP fertilizer. The inventory team found 30 sacks of DAP fertilizer and 11 sacks of suffering fertilizer in the said godown. It is alleged that the petitioner misappropriated 2230 sacks of DAP fertilizer weighing about 111.500 metric tone amounting to Rs. 44,29,449.00 and committed cheating in respect of Government property, thereby, causing loss to the Corporation to the tune of the aforesaid amount.

5. Police took up the case for investigation and ultimately submitted charge-sheet against the accused on 30th of June, 2018 under Sections 406 and 420 of the IPC and Section 7 of the Essential Commodities Act. The accused / petitioner faced trial on the above-mentioned charge. During trial prosecution examined 7 witnesses amongst them P.W. 1 Suresh Prasad, was a peon of the said warehouse, P.W. 2, Jayram Kumar Thakur was a PCDO, BSWC, P.W. 4 Sunil Kumar Sinha is the informant, P.W. 5 and P.W. 6 Manoj Kumar and Rajeev Roshan were Investigating Officer and P.W. 7 Ish Narayan Singh was a retired employee of BSWC. During Trial, some documents were marked exhibits at the instance of the witnesses on behalf of the prosecution, which I proposed to discuss subsequently.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NyM1NjQjMjAyNCMxI04=-KrxNE1R6oZo=

Disclaimer: Curated by HT Syndication.