Criminal Revision No. 360 of 2003 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 360 of 2003 Date of decision:14.9.2010 Raghbir Singh ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: None for the petitioner. Mr.Satyavir Singh Yadav, DAG, Haryana. **** SABINA, J. Raghbir Singh was convicted for an offence under Section 409 of the Indian Penal Code (“IPC” for short), vide judgment dated 30.1.1997 passed by the Judicial Magistrate, Ist Class, Pehowa. Vide order of the even date he was sentenced to undergo rigorous imprisonment for a period of two years with a fine of Rs.4,000/-. Aggrieved by the same, he preferred an appeal and the same was dismissed vide judgment dated 8.2.2003 passed by the Additional Sessions Judge, Kurukshetra. Hence, the present revision petition. Prosecution case, as noticed by the Appellate Court in Criminal Revision No. 360 of 2003 2 para 2 of its judgment, is reproduced herein below:- “2. The prosecution story succinctly stated, is Shri Raj Kumar IAS, the then Deputy Commissioner, Kurukshetra, wrote letter No.6047/ Panchayat dated 10.8.1989 to the Superintendent of Police, Kurukshetra, to the effect that Raghbir Singh, Ex-Sarpanch of Gram Panchayat Thana Gujran had a sum of Rs.31,842.80 as cash in hand at the time of handing over charge to Ashok Kumar, the newly elected Sarpanch of village Than Gujran in August, 1988. Raghbir Singh ex-sarpanch neither handed over the cash amount to Ashok Kumar Sarpanch nor deposited the money in bank account of Gram Panchayat Thana Gujran despite repeated demands made by the Block Development and Panchayat Officer, Pehowa and misappropriated the panchayat money. A request to register and investigate a criminal case under Section 420 and 409 Indian Penal Code against Raghbir Singh, Ex-Sarpanch was made. The Superintendent of Police, Kurukshetra, directed the Station House Officer, Police Station, Pehowa, to register the case and FIR No.201 was accordingly registered against Raghbir Singh Ex-sarpanch on 16.8.1989 at police station Pehowa. Raghbir Singh accused was apprehended and challaned in due course. Report under Criminal Revision No. 360 of 2003 3 Section 173 of the Code of Criminal Procedure, 1973 was submitted by the Sub Inspector Surinder Singh, the then Station House Officer, Police Station, Pehowa on 9.5.1990.” None has appeared on behalf of the petitioner. On the last few dates also, none had appeared on behalf of the petitioner. I have gone through the record of the case with the able assistance of the learned State counsel and am of the opinion that the present petition deserves dismissal. In the present case, the allegation against the petitioner was that he was ex-sarpanch of the Gram Panchayat, Thana and had misappropriated Rs.31,842.80 of the panchayat funds. The FIR was registered on a letter written by the Block Development and Panchayat Officer. The trial Court in para 10 of its impugned judgment, has held as under:- “In order to prove its case u/s 409 IPC the prosecution has to prove that the accused was a public servant and in his capacity as a public servant he was entrusted with the property in question with a dominion over the same and he had committed criminal breach of trust in respect of the same. In the present case, when the cash book Ex.PA is seen, at page No.63 at the end, Criminal Revision No. 360 of 2003 4 there are signatures in Urdu as Raghbir Singh. The signatures of Raghbir Singh are also there in column No.28 and the same stand attested at the hands of Bhalley Ram, Gram Sachiv. Once it is so, the accused cannot say that there was no entrustment of amount of Rs.31,842.80. When the signatures in Urdu in column No.28 are seen the same resemble. When in the present case, the accused had refused to give his signatures an adverse inference has to be drawn against him. HC Darshan Lal (PW-1) has clearly stated that on the Goshwara, there were signatures of Raghbir Singh, Ex-sarpanch and no suggestion has been put during the course of cross-examination to this witness that there were no signatures of Ex- sarpanch Raghbir Singh in the cash book, in the Goshwara of August, 1988. No proof of payment has also been produced by the accused but in his statement under Section 313 Cr.P.C. He has stated that he was not at fault and he has been implicated falsely. In the light of it, when there was entrustment and the accused being a public servant had committed criminal breach of trust with respect to amount of Rs.31,842.80, the charges Criminal Revision No. 360 of 2003 5 against the accused for the commission of offence punishable under section 409 IPC stands fully established and he is accordingly held guilty and convicted.” The reasons given by the trial Court are sound reasons. The appellate Court has also gone through the evidence led by the prosecution and has dismissed the appeal filed by the petitioner by giving cogent reasons. The prosecution has led oral as well as documentary evidence in order to prove its case. As per Ex.PB, a sum of Rs.31,842.80 was shown as cash-in-hand with the petitioner. The petitioner had signed the said entry. As per Ex.PW 5/B, Rs.31,842.80 in cash still remained with Raghbir Singh, Ex- Sarpanch. The said charge list was prepared at the time of handing over of the charge to Ashok Kumar. The petitioner had duly signed the same. There is nothing on record to suggest that Ex.PB and Ex.PW 5/B did not bear the signatures of the petitioner. Since the petitioner had failed to deposit the panchayat money, the Courts below have rightly convicted and sentenced the petitioner under Section 409 IPC. Hence, no ground for interference by this Court is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE September 14, 2010 Criminal Revision No. 360 of 2003 6 anita