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1981 Supreme(Gau) 129

B.L.HANSARIA
PELEVILIE PETER ANGAMI – Appellant
Versus
STATE OF NAGALAND – Respondent


JUDGEMENT

1. The Deputy Commissioner, Kohima, received a cheque for Rs. 39,680/- dated 22-3-1968. It was issued by the Border Road Task Force and was meant for disbursement among ex-soldiers. The appellant was working as Secretary of District Soldiers' Sailors' and Airmen's Board, Kohima District, at the relevant time. The cheque was therefore handed over to him. The prosecution case is that the appellant obtained the money on 30-3-68, but instead of disbursing the money to the persons for whom it was meant, he misappropriated the same. The matter came to light on receipt of some complaints from exsoldiers to the Deputy Commissioner, who got the matter enquired by a Board of Enquiry headed by the Additional Deputy Commissioner. The Board was of the view that the present was a clear case of breach of trust and so proper action may be taken against the appellant. The police was informed about the matter on 23rd July, 1969 and the charge-sheet was submitted on 30th May, 1970. In the trial that ensued, the prosecution examined nine witnesses and the defence four. One of the PWs had been examined as a Court witness also. The learned trial court being satisfied about the guilt of the appe












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