V NARASIMHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Revision Petition is instituted by the convicted accused in CC No. 573/3/1974 on the file of the Judicial Magistrate, First Class, Chitapur. The accused was tried before the learned Magistrate for an offence punishable under Sec.409 1PC and was convicted for the said offence and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500 and in default of payment of fine, to undergo rigorous imprisonment for 60 days. Aggrieved by the said order of conviction and sentence, the accused went up in appeal before the Sessions Judge, Gulbarga, in Criminal Appeal No.40 of 1976: The learned Principal Sessions Judge, on hearing, confirmed the conviction of the accused for the offence punishable under Sec.409 IPC., but, reduced the sentence to six months rigorous imprisonment and to pay a fine of Rs.500 and in default of payment of fine, to undergo rigorous imprisonment for one month by his judgment and order dated 14-2-1977. Aggrieved by the said order, the accused has come up in revision before this Court.

(2.) The case of the prosecution against the accused is that he was entrusted at Wadi Railway Station on 8-2-1973 with Rs.2,477 on the goods side and Rs.2,812-80 ps. on coaching side to remit the same to Secunderabad in a bag MO.1, but, that he actually remitted only Rs.812-80 ps. and that he misappropriated the rest of the amount. A case against the accused was registered in Crime No.33/1973 on the complaint of PW.1 Ramanath. Station Master at Wadi at Exhibit P-1. On completing the investigation, a charge-sheet was filed against the accused for the offence punishable under Sec.409 IPC.

(3.) During the course of the trial, the prosecution examined 16 witnesses and the learned Magistrate examined the accused under Sec.313 CrPC to enable him to explain the circumstances appearing against him in the evidence. The accused denied having committed the offence. He did not, however, examine any witness on his behalf.