Dismissed

State of C.G. v. Ramvruksha Gond

Chhattisgarh HC12 Nov 2018CRA/819/2001

Case brief

AI extract

What is this about?

The High Court dismissed the State's criminal appeal challenging the acquittal of the accused for cheating. The Court held that the prosecution failed to prove the case beyond reasonable doubt due to insufficient evidence and lack of investigation, upholding the lower court's finding that a view favouring the accused should be adopted.

What did the court decide?

The criminal appeal filed by the State was dismissed, and the judgment of the Judicial Magistrate First Class acquitting the accused was upheld.

State of C.G. Vs Ramvruksha Gond — Cheating and Forgery | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Criminal Appeal No. 819 of 2001

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Judgment reserved on 08.08.2018

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Judgment pronounced on 12.11.2018

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State of Chhattisgarh --- Appellant

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Versus

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Ramvruksha, aged about 45 years, S/o Mahaprasad Gond, R/o Shardapur, PS Chalgali, District Sarguja

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---- Respondent

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For Appellant/State: Shri Avinash K.Mishra, PL For Respondent/accused: Shri Nishikant Sinha, Advocate

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CAV Judgment

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By Hon'ble Smt. Justice Vimla Singh Kapoor

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This appeal has been filed by the State against the judgment dated 24.02.2001 passed by Judicial Magistrate First Class, Ramanujganj (Sarguja) in Criminal Case No. 550/1995 acquitting the accused/respondent of the charge under Section 420 IPC.

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Facts of the case in brief are that the respondent/accused who is said to have been appointed as Assistant Seller by the Manager of the Society and his duty was to distribute the food items such as rice, wheat, kerosene, edible oil etc to the consumers of various villages. It is alleged that instead of distributing the aforesaid food items, he committed misappropriation of some of the items worth Rs. 38,000/- and after selling the same he kept the money with him. On inquiry being made by the Manager of the Society on 03.08.1995 the allegation against the respondent/accused was found to be correct and thereafter on the

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basis of written complaint as well as the audit report, the offence was registered u/s 420 IPC vide FIR Ex.P-1.

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Taking into consideration the material available on record, evidence led by the prosecution as also the defence, the Court below has acquitted the respondent/accused of the charge levelled against him and it is this judgment which is under challenge in this appeal by the State.

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Counsel for the appellant/State submits that while acquitting the respondent/accused the court below has failed to see the evidence of the witnesses which clearly goes to show that the respondent/accused had misappropriated the food items and by selling some of the food stuff meant to be distributed to the needy villagers, he kept the sale proceeds with him.

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Counsel for the respondent/accused however supports the judgment assailed in this appeal and submits that the Court below has arrived at the conclusion of acquittal after duly appreciating the evidence of the witnesses, and therefore, there is no infirmity in the same.

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Material availalbe on record including the evidence of the witnesses goes to show that the offence was registered against the respondent/accused only on the basis of audit report and no proper investigation was carried out in this respect. Even the documents relating to misappropriation have not been seized from the respondent/accused. Evidence of PW-2 namely PD Sakhya does not indicate that appointment of respondent/accused was done in accordance with the rules. He has further stated that no misappropriation was done by the respondent/accused. Moreove,r there is no material such as receipts etc to show that any food

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items were received by the respondent/accused for being distributed to the villagers. Court below has thus rightly acquitted the respondent/accused on the ground that the prosecution has not been able to prove its case beyond reasonable doubt, and there is no illegality or infirmity in the findings so recorded. Even otherwise, the legal position holding the ground is that if the material on record speaks of two possible viewes to be arrived at, the one favouring the accused has to be given preference.

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In the result, the appeal preferred by the State being without any substance is liable to be dismissed and it is dismissed as such.

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Sd/-

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(Vimla Singh Kapoor)

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Judge

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Jyotishi

State of C.G. v. Ramvruksha Gond

Case brief

What is this about?

What did the court decide?

State of C.G. v. Ramvruksha Gond

Case brief

What is this about?

What did the court decide?

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