Order on Board

18.03.2024

1. This criminal revisions are preferred against the judgment dated

24.01.2014 passed in Criminal Appeal No. 46/2013 by the learned Additional Sessions Judge (FTC), Jashpur, District Jashpur, (C.G.), whereby the appellate Court has reversed the judgment of acquittal passed by the Chief Judicial Magistrate, Jashpur, District- Jashpur wherein the applicant, namely, Smt. Radha Bai has been convicted under Section 468 of the Indian Penal Code (in short 'the IPC') and sentenced her to undergo 3 years of rigorous imprisonment along with fine of Rs. 2,000/- and in default of payment of fine amount, additional R.I. for 3 months and for Section 420/120-B of the IPC sentenced to undergo 3 years of rigorous imprisonment along with fine of Rs. 2,000/- and in default of payment of fine amount, additional R.I. for 3 months. Applicant, namely, Ajeshwar Ram Bhagat has been convicted under Section 409 of IPC and sentenced him to undergo 3 years of rigorous imprisonment along with fine of Rs. 2,000/- and in default of payment of fine amount, additional 3 months of rigorous imprisonment, for under Section 468 of IPC, sentenced him to undergo 3 years of rigorous imprisonment along with fine of Rs. 2,000/- and in default of payment of fine amount, additional R.I. for 3 months and for Section 420/120-B of IPC, sentenced him to undergo 3 years and of rigorous imprisonment along with fine of Rs. 2,000/- and in default of payment of fine amount, additional 3 months of rigorous imprisonment. All the sentences were directed to run concurrently for both the applicants.

2. The case of the prosecution in brief is that the applicants and co-

accused person were prosecuted for the offence punishable under Section 409, 467, 468, 471, 420/120-B of the Indian Penal Code.

Facts of the case in nutshell are that a complaint was made by the villagers before the Chief Execution Officer, Janpad Panchayat Jashpur, regarding illegality and irregularity of construction of road at Village Luikona under the Mahatma Gandhi National Rural Employment Scheme. On the basis of above complaint, the Chief Executive Officer, Janpad Panchayat Jashpur appointed one Shashi Thakur, Programme Officer as Inquiry Officer, who conducted enquiry and submitted report, whereby he reported that the applicant, namely, Smt. Radha Bai being Employment Assistant and applicant Ajeshwar Ram being Postmaster and co-accused Jagdish Sai have withdrawn the amount of wages by preparing forged muster role, causing loss of Rs. 1,80,479/- to the government. On the basis of above inquiry report, a written report was filed before the Police Station Kotwali, Jashpur bearing Crime No.138/2011 against the present applicants and co-accused Jagdish Sai and after completing necessary investigation, the charge sheet was submitted before the Chief Judicial Magistrate, Jashpur. The prosecution had examined as many as 23 witnesses in support of its case, however the applicants denied the charges and pleaded not guilty. After conclusion of the trial, vide judgment dated 11.04.2013, the learned trial Court acquitted the applicants and other co-accused from the offences, by holding that the prosecution has failed to prove its case against the applicants and co-accused.

3. Being aggrieved by the above judgment dated 11.04.2013, the State (prosecution) preferred an appeal before the learned Additional Sessions Judge (FTC), Jashpur and vide impugned judgment dated 24.01.2014, the learned appellate Court reversed the judgment of acquittal passed by the trial Court and convicted and sentenced the applicants for the offences as mentioned above. Hence, this revision.

4. Learned counsel for the applicants submits that the learned Trial Court failed to consider the material on record and thus, sentenced the applicant, namely, Smt. Radha Bai to undergo rigorous imprisonment for three years and fine of Rs.2,000/- each under Sections 468 and 420/120-B of IPC with default stipulation. Whereas applicant, namely, Aj