GOURI KOSHA BUNKAR SAHKARI SANSTHA MARYADIT RAKSHAPALI Vs. SAGAR LAL DEWANGAN SON OF LATE KANHAIYA LAL DEWANGAN

JUDGEMENT

(1.) By this revision petition the applicant has assailed the judgment dated 15.06.2004 passed by Additional Sessions Judge (FTC) Raigarh in Criminal Appeal No. 17/2004 affirming the conviction part of the judgment dated 03.02.2004 passed by Judicial Magistrate First Class, Raigarh in Criminal Case No. 521/2002 holding the respondent/accused guilty under Sections 409, 467 and 468 IPC. On appeal being preferred, the sentence imposed by learned Magistrate has however been reduced to the period already undergone by him but keeping the fine of Rs. 2500/- as it is.

(2.) Main thrust of the applicant/complainant herein is to the restoration of the substantive sentence imposed by learned Magistrate vide order dated 3.2.2004, which has been waived by the lower appellate Court.

(3.) Facts in short are that accused/respondent, during his tenure as President of Gouri Kosha Bunkar Sahkari Samiti, Raksapali from 1992 to 1998, the stock of the raw material worth Rs. 22,618/- was found short. This act of the respondent/accused came to light when his successor the applicant herein, took over the charge as President thereof. On getting the audit done, the irregularity in distribution of the raw material was found and thereafter the written report annexing the audit report was lodged with the police by the applicant himself.