1982 P Cr (PLP)

Muhammad Altaf Khan for A.‑G. for the State. Dates of hearing :1st December, 1981 and 9th February; 1982. Sana Ullah was tried by the Special Judge, Anti Corruption, Lahore, under sections 408/409, P. P. C. for misappropriating a sum of Rs. 2,940/87 belonging to the Thrift and Credit Co‑operative Society, village Bakapur Kohna, Tehsil Chunian, District Lahore (presently District Qasur) and thereby committing breach of trust.

2. The prosecution case in brief is that on 27th February, 1964 Muhammad Ishaq, Sub‑Inspector, Co‑operative Societies, Chunian, P.W. 6, alongwith Syed Hyder Hussain, Inspector, Co‑operative Societies, visited village Bakapur Kohna and inspected the record of the Thrift and Credit Cooperative Society of the said village, of which Sana Ullah, accused was the Treasurer, and whilst examining Cash Register (Rokar Bahi) Exb. P. F. found that cash amounting to Rs. 437/25 was in Credit and another cash amount of Rs. 2503/62 stood deposited that day in the books of the Society. The entries in the books showing the total cash of Rs. 2,940/87 standing in the credit of the Society's Cash Register Exh. P. F., were noted by Muhammad Ishaq, Sub‑Inspector P. W. 6, vide 4 entry P. F./1 made by him in his hand writing. Sana Ullah, accused, who was the Treasurer, signed the entry at Exh. P. F./2. Qamar Din, P. W. 4 who happened to be present at that time, axed his signature under entry Exh. P. F./l. On. 7th December, 1964 Ghulam Shabbir, Inspector Cooperative Societies. P. W. 5, inspected the Credit and Thrift Society of village Bakapur Kohna, and found that cash in hand amounting to Rs. 2,940/87 which was with Sana Ullah, accused, as the Treasurer of the said Society, had not been deposited by him in the Central Cooperative Bank, Qasur. He accordingly served a notice Exh. P. G. on the said date to Sana Ullah, accused, to produce the said cash in hand before him for physical verification. Sana Ullah, accused; received the notice Exh. P. G., vide his endorsement Exh. P. G./1, but neither produced the cash before the Inspector for physical verification nor deposited the same in the Central Cooperative Bank at Qasur. Since the accused had mis‑appropriated the amount, on 17th July, 1965 Ghulam Sbabbir; Inspector P. W. 5 sent a report Exh. P. W. 8/C to the Assistant Registrar alongwith a forwarding letter Exh. P. W. 8/A to get a case registered against the accused. The said report Exh. P. W. 8/C and forwarding letter Exh. P. W. 8/A stand lodged in the, connected file "State v. Shamir Ahmad and others". Accordingly, a case was registered against the accused who was thereafter challaned.

3. The learned Special Judge, Anti Corruption, Lahore, convicted Sana Ullah, accused, under section 409, P. P. C. on the testimoney of Qamar Din P. W. 4, Ghulam Shabbir, Inspector P. W. 5, Muhammad Ishaq Sub Inspector P. W. 6: Mohammad Ashraf Malik, hand writ?ing expert P. W. 7 and Nazir Ahmad Khan, Sub‑Inspector P. W. 8.

4. I have heard the arguments of the learned counsel for the appellant and the State and have also perused the record. The evidence of Muhammad Ishaq, Sub Inspector. Cooperative Societies, P. W. 6 and Qamar Din P. W. 4 clearly show that on 2*b February, 1964. when the former Inspector inspected the Cash Register, (Rokar Bahi) Exh. P. F. of the Thrift and Credit Cooperative Society of village Bakapur Kohna, of which the Appellant was the Treasurer the said Cosh Book showed that a total sum of Rs. 2,940/87 was in credit in the form of cash in hand with the Treasurer on account of the Society. Muhammad Ishaq, Sub Inspector P. W. 6 also proved the entry Exh. P. F.J1 which he had made in his hand on 27th February, 1964 in the said Cash Register next to the entries which showed the amounts held in Cash by the Treasurer and also the signature Exh. P. F‑/2 of Sana Ullah, appellant, in the said Cash Register Exh. P. F. in token of being in possession of the said amount in has capacity as the Treasurer. Qamar Din P. W. 4 stated that the writing Exh. P. F./l, had already been completed, when he signed the same, but this does not affect the case as he had also stated that the appellant was present at that time and who had admitted the entry to be correct. Ghulam Shabbir, Inspector P. W. 5 proved the proceedings taken by him on 7th December, 1964 calling upon the appellant by written notice Exh. P. G. to produce the cash in hand before him for Physical verification which, not withstandidg the receipt by the appellant of the said notice, the appel?lant failed to do. Ghulam Shabbir P. W. 5 proved the signature Exh. P. G./1 of the appellant on notice Ex. P. G. which shows that the appellant did receive the notice to produce the cash for physical veri?fication, which he failed to do. The appellant in his statement under section 342, Cr. P. C. denied the receipt of Rs. 2,940.87 by him on behalf of the Thrift and Credit Cooperative Society of village Bakapur Kohna; the excution of his signature Exh. P. F./1 on the Cash Register Exh. P. F. and the attestation of the writting in the presence of Qamar Din P. W. 4 and his admission of correctness of the said writing in his presence. He imputed his false involvement to Ghulam Shabbir, Inspector Co‑operative Societies, who wanted to save Mohammad Rafiq and Hyder Shah, Sub Inspectors, who were his subordinates. He also produced Mohammad Ismail D. W. 1, Saee Mohammad D. W. 2 and Mohammad Yunis D. W. 3 who deposed that officials of the Coope?rative Societies Department came to village Galen about 7/8 years back and asked Sana Ullah, appellant, who was the Treasurer, to sign a paper, which he refused, whereupon the said officials became rude with the appellant and the appellant left the meeting in protest. The defence evidence in no way discredits the prosecution case. From the prosecution evidence it is clear that on 27th February, 1964, an aggre?gate sum of Rs. 2,940/87 was with the appellant as cash in hand in respect of the affairs of the Thrift and Credit Cooperative Society of village Bakapur Kohna, of which the appellant was the Treasurer, and that he did not produce the said money for physical verification on 7th December, 1964, when Ghulam Shabbir, Inspector, asked him to do so, nor he deposited the said money to the credit of the Society with the Central Cooperative Bank at Kasur. He thus appears to have mis?appropriated the said amount and he appears to have been rightly convicted by the Special Judge, Anti Corruption, Lahore. Since this appeal, which was preferred in 1972, has now come up for hearing after almost 9 years, I would reduce the sentence of imprisonment of the appellant to one year R. I. without' disturbing the sentence of fine imposed on him by the trial Judge.

5. For the foregoing reasons, whilst maintaining the conviction of the petitioner under section 409, P. P. C. I reduce his sentence to one year R .1. with a fine of Rupees Three Thousand (Rs. 3,000) or in default thereof to suffer further R. I. for one year. Out of the fine, as and when realised, a surp of Rupees Two Thousand Nine Hundred and Forty and Paisas eighty‑seven (Rs. 2940/87) shall be paid to the Thrift and Credit Cooperative Society, village Bakapur Kohna, Tehsil Chunian, District Kasur.

6. The appellant is on bail. He is ordered to be taken into custody and sent to jail to serve out the remaining portion of his sentence. Appeal dismissed