PATNA, India, Sept. 1 -- Patna High Court issued the following judgment on Aug. 1:
Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners through aforesaid applications prays for setting aside order dated 02.05.2009 passed by learned 1st Additional District and Sessions Judge, Munger in Cr. Appeal No. 67/2005 and order dated 13.12.2010 passed by learned Additional District and Sessions Judge 2nd , Munger in Cr. Appeal No. 65/2005 whereby and whereunder the learned Appellate court has been pleased to dismiss the appeals filed by the petitioners/convict against the judgment/order dated 08.06.2005 passed by the learned Chief Judicial Magistrate, Munger in G.R. Case No. 49/2000/G.R.P. arising out of Jamalpur P.S. Case No. 15 of 2000, registered for the offences under Sections 409/34 and 120B/34 of the Indian Penal Code, by which the learned court has been pleased to convict the petitioners under Sections 409 and 120(B) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years and a fine of Rs. 3,000/- and in default of payment of fine to further undergo imprisonment for additional four months.
Facts 3. As per the prosecution story, Sri Mohan Kant Ghosal, Divisional Cashier, Eastern Railway, Maladah, filed a report alleging that on 08.07.2000, Rs. 46.85 lakhs were remitted to Jamalpur by railway staff including Tuntun Choudhary (since deceased) and Ajay Kumar (petitioners) . The money was stored in the Jamalpur Sub Pay Office and sealed. However, on 09.07.2000, Senior Cashier Subhojeet Dutta accessed the office and later falsely claimed Rs. 45 lakhs were missing. An inquiry revealed Rs. 25 lakhs were misappropriated by Dutta, who confessed in writing and promised to repay the amount in three installments. The informant further stated that cash and records mentioned by Dutta were verified and after verification a shortage of Rs. 25,17,651/- was found in the cash of Senior Cashier-I, Jamalapur, Sri Subhojeet Dutta.
4. The prosecution in support of its case examined altogether 16 witnesses namely- P.W. 1 (Md. Naimuddin), RPF constable, PW-2 Anil Kumar Mandal RPF Constable, PW-3 Maheshwar Singh, Inspector R.P.F. Jamalpur, PW-4 S.K. Sutradhar, Station Manager, PW-5 Md. Javed Majhar, D.A.O. Malda Division, PW-6 S.K. Majumdar, Accounts Officer, PW-7 Shyam Lal, Asst. Commandant, R.P.F., Jamalpur, PW-8 Gulam Rasul, R.P.F. Constable, PW-9 Ram Rekha Singh, Constable, PW10 Dilip Kumar Singh, Head Constable, R.P.F., PW-11 Pramod Kumar Ghosh, J.E. Engineer, Barharwa, PW-13 Adhir Kumar Tiggi, Head Constable at Jamalpur, R.P.F., PW-14 Sudama Ram, Constable R.P.F., PW-15 Jogindra Kumar Singh, Officer I/C Rly.
P.S. Jamalpur and PW-16 is Manoj Kumar Ghosh, Chief Cashier E.Rly. H.Q. at Kolkata and the prosecution also exhibited document from Exhibit 1-9.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NyMxOTcjMjAxMSMxI04=-hmgPpRImdtA=
Disclaimer: Curated by HT Syndication.
