1. Misappropriation of government wheat stock by a public servant and a co-conspirator — Charges under Section 409 and 120-B, IPC and Prevention of Corruption Act. (Para 2 , 3 )
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1995 Supreme(SC) 213
SUPREME COURT OF INDIA
M.M. PUNCHHI AND Mrs. SUJATA V. MANOHAR, JJ.
Ranjit Singh, Appellant
Versus
State of Punjab, Respondent.
Criminal Appeals Nos. 56 with 154 of 1990
Decided on 8-2-1995.
WITH
Shiv Kumar
Versus
State of Punjab, Respondent.
The court upheld convictions for criminal conspiracy and misappropriation of government property, ruling that identity challenges not raised during trial are unsustainable. It further emphasized the necessity of reimbursing the State for financial losses incurred through the misappropriation of public resources via imposed fines.
Headnote:
Prevention of Corruption Act, 1947 - Section 5(1)(c) - Vigilance Department - Punishment - Assistant Sub Inspector bearing an identical name as that of other appellant Singh son of Om was also in charge of that wheat god own - double key system was put to use amongst two to open god own - Some complaints were received by Director Food Supplies Department Punjab that there had been misappropriation of wheat stock - Consequently on January physical verification of stock was made and it was discovered that bags of what were short - Matter was then entrusted to Vigilance Department which went into matter – Finally on finding Kumar to be one of persons responsible for shortfall and in particular to part of it which relates to present crime scrutiny sent up two others to stand up trial before Court Special Judge for offences punishable Section read with Section Prevention Corruption insofar as was concerned and for offences punishable Section read with insofar as and third acquitted co accused were concerned – Held, Counsel for lays much stress and that is identity - Much reliance was placed on descriptions and narratives given in judgment High Court where has been assumed to be one who in department Assistant Sub Inspector and who had been dealt departmentally for shortages of wheat relating to said god own as was - Both of them were dismissed from service because of wheat shortages - It is from that particular it was sought to be urged that Vigilance Department had reported offence against departmental son of Om and not non departmental son of Om who was made to stand trial and is appellant before - At askance – Singh Counsel for appellant court have been shown copy of dismissal order and from bare look of it court find there is no identity facts on which order is based - Nowhere in said order has mention been made to instant consignment of wheat as part of criminal conspiracy two separate aspects - Had there been dispute of identity that would have been first objection before trial Court - No such cry was made at that juncture - it is due to description made in judgment of High Court that an argument has been based in order to create confusion that culprit of crime was substituted - There is absolutely no basis for it and impression created in that regard in judgment High Court is dispelled hereby unequivocally - May also be added that was never charged Section or even for offences punishable Prevention of Corruption Act - If courts below thought that departmental was to be prosecuted and Public Prosecutor was conscious of that fact charges Sections Prevention of Corruption Act should have been framed directly against Singh appellant – Significantly charge against him only is for being member criminal conspiracy punishable Section read with Section - Argument raised by Counsel is stoutly rejected - Appeals dismissed
Act Referred
Legal Category Hierarchy
- crime and sentencing
- practice and procedure
Table of Contents
2. Dispute regarding the identity of the accused — Contention that the person prosecuted was not the departmental official identified in the High Court judgment. (Para 4 )
3. Evidence of truck hiring and sale of wheat established misappropriation — Misdescription in High Court judgment does not invalidate trial where identity was not challenged. (Para 3 , 4 )
4. A misdescription in an appellate judgment does not substitute the culprit if the identity was not disputed during the trial. (Para 4 )
5. Convictions upheld — Sentences reduced — Fines imposed for reimbursement of state loss. (Para 5 )
6. Does a misdescription of the accused's identity in an appellate judgment justify a claim of mistaken identity if the issue was not raised during the trial?
No. If the identity of the accused was not challenged at the trial court stage, a subsequent misdescription in the High Court's judgment does not create a basis for claiming the culprit was substituted. (Para 4 )
7. Can a court impose fines during an appeal to reimburse the State for losses caused by misappropriation even if the trial court overlooked it?
Yes, the court may impose fines to reimburse the State for losses incurred due to the swindling of government property while modifying the sentence. (Para 5 )
8. How does the nature of the charges framed against an accused help in determining their identity as a public servant in a misappropriation case?
If an accused is charged only with criminal conspiracy (Section 120-B IPC) and not under the Prevention of Corruption Act or Section 409 IPC as a public servant, it indicates they were not prosecuted in the capacity of a departmental official. (Para 4 )
JUDGMENT
These two Criminal Appeals bearing Nos. 56 of 1990 and 154 of 1990 arise out of the governing judgment and order of a learned single Judge of the Punjab and Haryana High Court whereby the convictions and sentences of the appellants herein were confirmed as ordered under the judgment and order of the Special Judge.
2. Shiv Kumar Ratti, one of the appellants herein was an Inspector in the Food and Supplies Department. He had in his possession and control a wheat godown situated in the D.A.V. School, Takhatgarh in the District of Ropar, Punjab. An Assistant Sub-Inspector, bearing an identical name as that of other appellant Ranjit Singh son of Om Prakash was also incharge of that wheat godown. A double key system was put to use amongst the two to open the godown. Some complaints were received by the Director, Food Supplies Department, Punjab that there had been misappropriation of the wheat stock. Consequently, on January 12, 1983, physical verification of stock was made and it was discovered that 336 bags of what were short. The matter was then entrusted to the Vigilance Department which went into the matter. Finally, on finding Shiv Kumar Ratti to be one of the persons responsible for the shortfall and, in particular, to a part of it which relates to the present crime under scrutiny, sent up Shiv Kumar Ratti and two others to stand up trial before the Court of a learned Special Judge for offences punishable under Section 409, IPC read with Section 5(1)(c) of the Prevention of Corruption Act, 1947 insofar as Shiv Kumar Ratti was concerned and for offences punishable under Section 409 read with S. 120-B, IPC insofar as Ranjit Singh, appellant and the third acquitted co-accused, Hazarlal were concerned. The trial Court having found them guilty and their appeal having been dismissed by the High Court has caused the appellants to be before us.
3. The case of the prosecution is that on December 12, 1982, Ranjit Singh, appellant in conspiracy with Shiv Kumar Ratti hired a truck from the truck union of Nurpur Bedi town and thereafter got loaded about 135 bags of wheat weighing about 107-1/2 quintals from D.A.V. School Departmental godown which was brought to Chandigarh and sold at the shop of a Commission Agent, the following day, for a total sum of Rs. 19,217.54, the proceeds of which were divided by Shiv Kumar Ratti taking Rs. 15,000/- and the balance remaining with Ranjit Singh, the appellant. The courts below have believed the prosecution version in its entirety insofar as the hiring of the truck is concerned from the evidence of PW 4, and insofar as the sale of wheat was concerned by the evidence of PW 6 ( the Commission Agent, through whom sale was made. The complicity of Shiv Kumar Ratti, Inspector, was spelt from his boarding the truck at a convenient place after it had been loaded and his getting down at Ropar town giving directions that the wheat betaken to Chandigarh for sale. Even though we have gone through the evidence led by the prosecution at the behest of the learned Counsel for the appellants, we have not been able to persuade ourselves to take any other view than the one taken by the courts below that Government wheat was misappropriated in the manner suggested by the prosecution.
4. There is one aspect, however on which learned Counsel for Ranjit Singh lays much stress and that is the identity of Ranjit Singh. Much reliance was placed on the descriptions and the narratives given in the judgment of the High Court where Ranjit Singh has been assumed to be the one who in the department was the Assistant Sub-Inspector and who had been dealt departmentally for shortages of wheat relating to the said godown, as was Shiv Kumar Ratti. Both of them were dismissed from service because of wheat shortages. It is from that particular it was sought to be urged that the Vigilance Department had reported the offence against the departmental Ranjit Singh son of Om Parkash and not the non-departmental Ranjit Singh son of Om Pr
