RAJ SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant is convicted under Section 409 Indian Penal Code and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 2,000. 00, in default of payment to further undergo simple imprisonment for three months. The trial court after considering all the evidence, oral and documentary, convicted him. The appeal filed by the appellant was dismissed. As the occurrence is said to have taken place in the year 1971 and the amount misappropriated is Rs. 3,604.85 p, we do not, therefore, think it a fit case to send the appellant back to jail at this stage and the appellant had also been in jail for more than two months.

(2.) - In the result, the conviction of the appellant is confirmed and the sentence is reduced to the period already undergone and the sentence in default of payment is also confirmed.

(3.) Subject to the above modification, the appeal is dismissed.