SOM PRAKASH DABRAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is directed against the judgment and order dated 20.11.2009 passed by the learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal in Criminal Case No.449 of 2009 "State Vs. Som Prakash", whereby the revisionist/accused has been convicted under Section 408 of IPC, and has been sentenced to undergo two years of rigorous imprisonment with a fine of Rs.1,000/- (Rupees One Thousand only) under Section 408 of IPC. Against the order dated 20.11.2009, the revisionist filed an appeal before the Additional District and Session Judge, Kotdwar, District Pauri Garhwal, which too has been dismissed vide order dated 15.10.2013.

(2.) Prosecution story, in brief, is that the first information report was lodged against the revisionist/accused under Section 409 of IPC, at Police Station Kotdwar, District Pauri Garhwal alleging that the revisionist/accused has fraudulently withdrawn the money from society's account. After investigation, the police submitted the charge-sheet against the revisionist/accused before the court concerned.

(3.) In order to prove its case, prosecution got examined as many as three witnesses. PW1 Sate Singh Chauhan, PW2 Ramesh Chandra Bidla and PW3 S.I. Mr. M.M.S. Bisht, have been examined. Thereafter, the statements of revisionist were recorded under Section 313 of Cr.PC. In reply, he denied the prosecution story.