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1979 Supreme(SC) 34

N.L.UNTWALIA, S.MURTAZA FAZAL ALI
Brijbasi Lal Shrivastava – Appellant
Versus
State Of M. P. – Respondent


Judgment

FAZAL ALI, J.:- In this appeal by special leave the appellant has been convicted by the Special Judge, Tikamgarh under Sections 409, 467 and 477-A Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act and sentenced under each count to rigorous imprisonment for one year and a fine of Rs. 50 under each count and in default one months rigorous imprisonment under each head. All the sentences were directed to run concurrently.

2. It seems to us that this is rather an unfortunate case where a school teacher has been made the victim of unfortunate circumstances of which an undue advantage has been taken by colleagues and others who were by no means friendly to him and who got an opportunity to bolster up a case against the appellant.

3. The appellant was a Principal of a Higher Secondary School, Kakarhati and joined his assignment on 21st November, 1963. He had preceded two other persons who were the Principals of the same school. The main charge against him was that on 6-3-1964 he had drawn a sum of Rs. 993.30 on the contingent bill for various items. One of the items was the salary of a Chowkidar Pancham Dhimar for 10 months at the rate of Rs. 50 p. m., the total



















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