Judgment

Pattanaik, J.-Both these appeals are directed against the Judgment of a learned Single Judge of Punjab and Haryana High Court in Criminal Revision No. 245 of 1992. By the impugned Judgment, the High Court has upheld the conviction and sentence against the two appellants under Section 409 of the Indian Penal Code for having committed criminal breach of trust in respect of 4300 litres of diesel oil.

2. The prosecution case in nutshell is that both the accused persons were posted in the office of Government Heat Treatment Centre at Bahadurgarh and on 23.2.82, they were authorised to bring 10,000 litres of light diesel oil from the Indian Oil Corporation, Delhi. For that purpose the letter of authority as well as the bank draft to the tune of Rs. 28,275.83 were given to them. The said two accused persons deposited the bank draft with Indian Oil Corporation and took delivery of 10,000 litres of light diesel oil but ultimately the quantity of diesel was found to be less by 4300 litres, the value of which was Rs. 12,160/-. It is the prosecution case that both the accused persons committed the embezzlement of oil in question. The prosecution examined as many as eight witnesses to es