STATE OF U P Vs. RAM CHANDER

JUDGEMENT

(1.) VIJAY Kumar Verma, J. This Appeal for enhancement of sentence has been preferred by the State of U. P. against the judgment and order dated 7-5-1983, passed by Shri Jai Singh, the then Judicial Magistrate, Maharajganj (Gorakhpur) in Criminal Case No. 148/82, State v. Ram Chander, under Section 409, I. P. C. , P. S. Kampiyarganj, Gorakhpur, whereby after convicting the accused-respondent under Section 409, I. P. C. and sentencing him to undergo imprisonment for six months, he was released on probation of good conduct on executing personal bond for Rs. 2,000/- and furnishing two sureties each in the like amount.

(2.) THE accused-respondent Ram Chander was posted as Kink Amin in Block Kampiyarganj, District Gorakhpur in the year 1975. An F. I. R. was lodged at P. S. Kampiyarganj on 11-12-1975 and a case under Section 409, I. P. C. at Crime No. 266/75 was registered against him. THE allegations made therein are that the accused realized Rs. 2,051. 01 between the period 2-5-1975 to 15-6-1975 from the members through receipt No. 5625/30 to 5625/50, but he did not deposit that amount in Co-operative Bank, Anand Nagar (Farinda) Branch and he misappropriated that amount. THE investigation was entrusted to Special Investigating Branch (Co- operative ). After Investigation, charge-sheet was submitted on 24-3- 1982 against the accused-respondent in the Court of Judicial Magistrate, Maharajganj (Gorakhpur) showing him to be absconder.

(3.) IT was strenuously contended by the learned A. G. A. that benefit of U. P. First Offenders Probation Act could not be extended to the accused, because the offence under Section 409, I. P. C. is punishable with imprisonment for life and hence, the impugned order of releasing the respondent-accused on probation being wholly illegal is liable to be set-aside and keeping in view the heinousness of the offence, the accused-respondent should be adequately punished.