the indictment against the second appellant is that he being a public servant of the said agriculture department companymitted breach of trust of the articles mentioned in bill number.
on 2.9.65 he was relieved by the second appellant on transfer from kurebhar.
a 210 and 228 of 1974 whereby the high companyrt by a companymon judgement and order set aside the convictions and sentence under sections 467 and 471 ipc but however upheld their companyviction under section 409 ipc and reduced the substantive sentence of imprisonment to the period already undergone and the sentence of fine from rs.500 to rs.250 and in default to undergo rigorous imprisonment for six months in each of the cases.
these instructions should be adhered in all respect in regard to sale and supplies of horticultural companymodities viz.
number.
investigation commenced.
664 665 of 1979.
as we have pointed out albeit the case of the first appellant is that the old practice of credit sales was continued and that he in fact sold the articles to the vlws and that numbere of the bills was bogus and they were number dishonestly used as genuine.
291967.
the first charge in criminal appeal number 664 of 1979 arising out of sta number a 210 of 1974 reads that these appellants on or about 29th july 1965 and 12th august 1965 committed breach of trust of articles mentioned in bill number.
57 59 60 61 62 and 64 of book number 7767 as if the vlws were supplied with articles of agricultural depertment on credit the total amount of which being rs.1591.04 and thereby companymitted breach of trust punishable under section 409 ipc.
158 and 157 of 1977 on the file of allahabad high companyrt lucknumber arising out of sessions trial number.
to the village workers on credit on the basis of the long established practice and under the orders of the superiors.
from the judgement and order dated 8.5.1979 of the allahabad high companyrt in criminal appeal number.
all the village level workers companycerned were examined by the prosecution and their statements show that criminally misappropriated amounts were recovered from them by the appellants but numberfertiliser was issued to them.
158 157 of 1977.
in this companynection it may be numbered that the block pramukh i.e. pw 6 made the companyplaint exh.
11 17 and 18 of book number 7767 and misappropriated a sum of rs.450.26.
the learned judge of the high companyrt has disposed of the appeals in a very summary manner companyfirming the companyviction of the appellants under section 409 ipc stating thus i have been taken through the evidence on record.
similarly the second appellant has denied the charges.
it seems that due to the practice of credit sales the seed store dues were mounting year by year and that the government took a very serious view of the continuance of credit sales and issued the circular dated 27.6.68.
the defence of the second appellant was that he received the part payment relating to bill number 11 and deposited the said amount in government treasury and that he had number misappropriated any amount.
number1478/iv herti.general 67 68 dated sept.
as the high companyrt has number set aside the companyviction of the appellants under section 467 and 471 ipc and as the state has number preferred any appeal as against that acquittal.
criminal appellate jurisdiction criminal appeal number.
the judgement of the companyrt was delivered by ratnavel pandian j. these two criminal appeals are preferred by the appellants namely narendra pratap narain singh and puran singh who were arrayed as accused number.
1 and 2 before the trial companyrt against the judgements dated 8.5.1979 rendered in criminal appeal number.
singh himself admitted to have deposited moneys for these bills number.5759 to 62 and 64.
which were meant to cater the needs of the cultivators within semrauna area.
dalveer bhandari for the respondent.
a companyy of this letter was forwarded with an endorsement reading to all block development officers and seed store incharges of faizabad district officers with the remark that companytents of above circular letter may please be brought to the numberice of all the field staff of yours block working under you for strict observance.
even after the circular dated 2.8.67 the circulars were number strictly adhered to and this necessitated the issue of circular dated 26.7.68.
k.garg and m.m.kashtriya for the appellants.
it is said that on 29.7.65 the first appellant prepared forged bills in the names of some village level workers hereinafter referred to as vlws bearing bill number.
plants seeds etc.
number the high companyrt has set aside the convictions of the appellants under sections 467 and 471 ipc and the state has number preferred any appeal against this part of judgement acquitting the appellants of these two charges and therefore it has to be companycluded that the charges of forging valuable security and using them as genuine have to be held number proved.
issued anumberher circular number ia 3762/dues 129 ii dated 26th july 1968 pointing out that the orders issued under various circulars viz.
and the orders should be numbered by all companycerned.
thereafter the directorate of agriculture u.p.
in 1965 there were several village level workers.
ka 16 dated 23.3.66 against the district agriculture officer to the director of vigilance companyplaining of the irregularities and illegalities as having been companymitted by the then agriculture officer sultanpur the vigilance chairman referred the matter to the government and thereupon the cid was directed to make an enquiry into the matter.
