Inder Singh vs State of Haryana

S.S. Sodhi, J.

During the years 1975 to 1977, the petitioner Inder Singh was the Sarpanch of Gram Panchayat, Assan. The case against the petitioner is that while as Sarpanch, he committed criminal breach of trust with regard to some amounts which were paid to him. He now stands convicted under Section 409 of the Indian Penal Code with regard to two amounts namely Rs. 210/ which he claims he paid to one Karan Singh and Rs. 200/ to Teka.

Having regard to the testimony of PW13, Teka and PW19 Karan Singh seen with muster roll Exhibit A. 1, no exception can be taken to the finding of both the Courts below that the amounts in question were never paid by the petitioner to them. Pertinent to note in this behalf is the fact that according to the report of the Finger Prints Bureau, Madhuban, the specimen thumb impressions of Karan Singh did not tally with his purported thumb impressions on the muster roll register Exhibit A.1. regards those of PW13 Teka, no opinion could be given as the ink was smudged.

Further, a plain reading of the testimony of PW13 Teka and PW19 Karan Singh would show that no material has been brought on the record to suggest any motive for either of these witnesses to seek the false implication of the petitioner. It was their clear testimony that there was never any occasion for them to have paid any money on behalf of the Panchayat by the petitioner as they never did any work for the Gram Panchayat. This being so, the conviction of the petitioner under Section 409 of the Indian Penal Code warrants no interference in revision.

In the matter of sentence, keeping in view the fact that the amount involved in the criminal breach of trust here was only Rs. 410/ it would clearly meet the ends of justice, if the sentence of imprisonment imposed upon the petitioner is reduced to the period already undergone. It is accordingly so ordered. The sentence of fine, however, is maintained. This revision petition is, thus, accepted to this extent.