1303 Appeal by Special Leave granted by the Supreme Court by its Order dated the 31st July 1953 from the Judgment and Order dated the 15th May 1953 of the High Court of Judicature for the State of Pepsu at Th, Patiala in Criminal Appeal No.
In support of the appeal it is argued by Mr. Jai Gopal Sethi that the companyviction of the appellant is illegal, as sanction had number been obtained under section 197 1 of the Code of Criminal Procedure for his prosecution, that the evidence on record is insufficient to establish an offence either under section 465 or section 409 of the Indian Penal Code and that there having been an acquittal of the appellant by the trial Magistrate, the materials on record did number justify a reversal of that verdict by the appellate Court.
51, and after a full trial, 1304 acquitted him.
140 of 1952 arising out of the Judgment and Order dated the 31st March 1952 of the Court of Magistrate 1st Class, Patiala in Challan Case No.
The First Class Magistrate of Patiala, before whom the appellant was put up for trial, framed charges against him under section 465 of the Indian Penal Code for forging the thumb impression of Parma, and under section 409 of the Indian Penal Code for criminal misappropriation of Rs.
Against this judgment, there was an appeal by the State to the High Court of Pepsu, which held that proof that the thumb impression in the acquittance roll was that of the appellant was sufficient, ,.when taken along with other circumstances, to establish his guilt, and accordingly companyvicted him both under section 465 and section 409 of the Indian Penal Code.
51 and misappropriated the same.
He held on the evidence that there was a khalasi Parma by name in the service of the accused at Kehrauli, and that though the thumbimpression in the acquittance roll was that of the appellant, the prosecution had number established that the amount drawn by him did number reach the hands of Parma.
The case of the prosecution was that there was, in fact, numberperson of the name of Parma, that the thumb impression found in the acquittance roll was that of the appellant himself, that he had included a fictitious name in the acquittance roll, with intent to himself draw the amount, and that by this expedient he had received Rs.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Jai Gopal Sethi, Naunit Lal, with him for the appellant.
S. Bindra, Porus A. Mehta and P. G. Gokhale, with him for the respondent.
February 28.
51 shown as paid to him for his wages, the payment being vouched by thumbimpression.
48 of 1954.
The Judgment of the Court was delivered by VENKATARAMA AYYAR J. The appellant was a Sub Divisional Officer in the Public Works Department, Pepsu, and was, at the material dates,, in charge of certain works at a place called Karhali.
160/102 of 1951.
This appeal by special leave is directed against this judgment.
In the roll for April 1951, one Parma was mentioned as a khalasi menial servant , and a sum of Rs.
It was part of his duties to disburse the wages to the workmen employed in the works, and the procedure usually followed was that be drew the amount required from the treasury, and paid the same to the emplo yees against their signatures or thumb impressions in the monthly acquittance roll.
