PREM CHAND YADAV S/O KUNWAR SINGH Vs. STATE OF CHHATTISGARH THROUGH STATION HOUSE OFFICER, POLICE STATION ARJUNI, DISTRICT DHAMTARI

JUDGEMENT

(1.) By the judgment under challenge passed on 19.01.2005 by Additional Sessions Judge Dhamtari, in Criminal Appeal No. 3 of 2002, the findings recorded by the learned Judicial Magistrate First Class Dhamtari, convicting the accused/applicant under Sections 409 IPC and sentencing him to undergo RI for three years and to pay fine of Rs. 4000/- plus default stipulation have been affirmed.

(2.) Facts of the case, in short, is that the applicant was posted as postmaster of post office Kukrel from 12.05.1989 to 10.08.1991. It is the allegation that the applicant received total Rs. 7332/- from the six account holders and embezzled Rs. 100/- of the department. The applicant made entry and affixed the seal of the department in the pass books of the account holders but subsequently failed to deposit the same in their accounts. A written complaint regarding misappropriation of government money (Ex.P 22) was made in Police Station Arjuni by B.L. Chittoria, Sr. Superintendent of Post Officer, Raipur against him and thereafter a departmental inquiry was conducted against the applicant vide Ex.P-23 and on the basis of said departmental inquiry, FIR (Ex.P-24) was registered against him by (PW-13). After registration of offence and completion of investigation the charge sheet was filed against the accused/applicant.

(3.) Learned Magistrate having perused the material before it convicted the accused/applicant under Section 409 IPC and sentenced him as above, which on appeal has been affirmed by the judgment impugned. Hence, this revision.