MUKIMUDDIN Vs. STATE

JUDGEMENT

(1.) This revision petition has arisen out of a common judgment dated 14th of August, 1989 of Shri J. P. Singh, Addl. Sessions Judge, Delhi, disposing of five appeals, upholding a composite judgment and order dated 5th of June, 1989 of the Metropolitan Magistrate, Delhi in five cases convicting the petitioner u/S. 408, IPC but reducing the sentence from three years to two years rigorous imprisonment and maintaining the fine of Rs.5,000/- to run concurrently in each case in respect of the years 1973 to 1977.

(2.) The petitioner was, at the relevant time, an employee of M/s. Ahmed and Co. (hereinafter referred to as the firm) which carried on poultry business at Juma Masjid, Delhi. He resigned from service and settled his account with the firm on 12th of October, 1977. Six years later, an FIR dated 30th of March, 1983 Ex. PW4/G was registered at Police Station Juma Masjid, on the basis of information given in writing Ex. PW-3/ A dated 12th of June, 1982 by the Manager of the firm, alleging that the petitioner was working as a clerk-cum-cashier, and in that capacity he used to handle cash and maintain the account books of the firm; that during the period 1973 to 1977 he committed breach of trust and embezzled a sum of Rs. 1,72,316.37; and that this came to light when the account books were checked by the Income-tax Department.

(3.) Four challans were registered against the petitioner in respect of each financial year but the same were tried together. The charge was framed in the following terms :