INDRAVADAN ALIAS INDUBHAI CHIMANLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this revision, the petitioner, who is the original accused No. 2, has assailed the legality and validity of the order of conviction under Sec. 406 of the Indian Penal Code and sentence to suffer rigorous imprisonment for six months and to pay fine of Rs. 1000 and, in default, to suffer rigorous imprisonment for three months, passed by the learned Chief Judicial Magistrate, Bharuch, on 19-10-1981, in Criminal Case No. 1875 of 1980, which was confirmed in Criminal Appeal No. 94 of 1981, by the learned Sessions Judge, Bharuch, on 18-1-1983, except reduction of sentence of rigorous imprisonment of six months to one month, by invoking the provisions of Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 ("Code" for short, hereinafter).

(2.) A resume of the material facts giving rise to the present appeal, may, shortly he stated, at this stage.

(3.) One M/s. Parekh and Parekh Engineering Company" had taken contract of construction of "E" type quarters and trainees' hostel premises in the Township of Narmada Valley Fertilizer Corporation (''Corporation" for short, hereinafter), at Bharuch. According to the prosecution case, for the purpose of the said construction, the Corporation was required to supply building material, including cement, to the contractor. The required cement was to be got issued From the store of the Corporation as and when required and the same was to be taken into at the site of the township itself for the purpose of construction of the aforesaid quarters. Thus, it is contended by the prosecution that the cement so supplied was to be used by the contractor or his persons or agents solely for the purpose for which the cement was handed over. The petitioner herein is the original accused No. 2, who is hereinafter referred to as the 'accused No. 2' for the sake of convenience.