KRISHNA KUMAR KHARE Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. Heard learned counsel for the applicant and the learned A. G. A.

(2.) THIS revision is being disposed of finally al the admission stage only on the quantum of sentence. The applicant was convicted under Sections 409, 467, 477/477-A, I. P. C. by the trial Magistrate, Kanpur Nagar, awarding him sentences under Section 409, I. P. C. for four years' R. I. and imposing a fine of Rs. 5,000/-, under Section 467 for three years' R. I. imposing a fine of Rs. l. 000/- and under Section 477/477- A for two years' R. I. im posing a fine of Rs. 1,000/ -. In default of payment of fines, so imposed, the applicant was to undergo R. I. for two years and six months respectively under the aforesaid Sections. Out of the fine imposed, the amount embezzled, i. e.) Rs. 5250/-, was directed to be paid to the col lege of which the: applicant was an employee.

(3.) NOW few facts are necessary for appreciation of the case of the applicant. The amount embezzled by the applicant during his tenure from August, 1970 to 16th March, 1974 is a sum of Rs. 5,250/ -. The F. I. R. in the case was lodged against the applicant in 1974. The charge-sheet in the case was submitted on 20- 3-1983 by the police after a prolonged investigation, i. e. nine years after the registration of the case. The trial before the Court below had resulted into conviction of the applicant on 16- 5-1991. The appeal had come to the decision by the Court of Special Judge on 4-6-1999. It has also taken 8 years to decide the appeal. The circumstances appearing on record, thus, are speaking for themselves.