A conviction cannot be sustained on mere suspicion; evidence must establish guilt beyond reasonable doubt.

JUDGMENT :

SANJAY PRASAD, J.

1. Both the criminal revision being Cr. Revision No. 265 of 2011 and Cr. Revision No. 185 of 2011 have been heard together and are being disposed of together, since, both have arisen out of common judgment dated 21.02.2011 passed by Sri Rajesh Kumar Dubey, learned Sessions Judge, West Sighbhum at Chaibasa in Cr. Appeal No. 03/2011 by which the appeal preferred on behalf of both the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 10.01.2011 passed by Sri Prabhat Kumar Sharma, learned J.M., Ist Class, Chaibasa in G.R. Case No. 535/2009 (Sadar P.S. Case No. 73/2009) by which both the petitioners have been convicted for the offences under section 406 and 120B of the I.P.C and sentenced to undergo R.I. for two years and R.I. for six months respectively and both the sentences have been directed to run concurrently.

2. The prosecution case, in brief, is that the informant, Choudhary Satish Rai, working as Area Manager in Ashmita Microfin Limited situated at Bara Nimdih, Chaibasa stated before the Officer In-Charge that Ujjwal Kumar (petitioner in Cr. Revision No. 185 of 2011) was working as a Cashier in the said company and Rs.1,41,696.50 was kept in the locker and keys were with both the petitioners Rakesh Kumar and Ujjwal Kumar. However, when the informant returned on 25.11.2009 at 11.00 a.m then both the petitioners and one Mahboob Alam informed him that when the locker was opened, and cash of Rs.1,41,696.50 was stolen from the locker. It is alleged that the petitioners namely Rakesh Kumar and Ujjwal Kumar were the custodian of the key and occupying the office of the Company as an In-charge and no outsiders were permitted to visit the office during said period and there is no sign of breaking up of lock and hence the petitioners and one Mahboob Alam have misappropriated the amount of Rs.1,41,696.50 by hatching a criminal conspiracy.

3. Learned counsel for the petitioners has submitted that the impugned judgments of conviction and order of sentence passed by the learned Courts below are illegal not sustainable in the eye of law. It is submitted that petitioners are innocent and have committed no offence. However, it is submitted on behalf of the petitioner, Rakesh Kumar (in Cr. Revision No. 265/2011) that the petitioner has remained in custody for around 18 months whereas it is submitted on behalf of learned Amicus Curiae appearing for the petitioner, Ujjwal Kumar (in Cr. Revision No. 185/2011) that the petitioner has remained in custody for around 15 months and hence the petitioners are not arguing on merit and it is submitted that the Court may take lenient view and may reduce the sentence of the petitioners. It is also submitted that the petitioner, Rakesh Kumar is unwell and even unable to walk properly and hence lenient view may be taken considering poor health.

4. On the other hand, learned APP has submitted that the judgment of conviction and order of sentence passed by the learned Courts below are fit and proper and as such no interference is required. It is submitted that both the petitioners along with one Mahboob Alam are named in the FIR and they have misappropriated and cheated the company of the informant for a sum of Rs.1,41,696.50. It is submitted that P.W-1 is the informant of this case who has fully supported the allegation made in the FIR and also about misappropriation of Rs.1,41,696.50 in question and fully stood the test of cross-examination and there is no infirmity in his evidence. It is submitted that P.W-2, Biswanath Behera is Manager In-charge who has also supported and corroborated the case of the informant and has submitted that the petitioners were the only custodian of the key and there is direct evidence against them. It is submitted that P.W-3 and P.W-4 namely, P.N Vinay Kumar and Priyabrat Sahoo have also supported the prosecution case and has supported the evidence of the informant. It is submitted that P.W-5, Sikandar