RAJENDRA SINGH Vs. STATE

JUDGEMENT

(1.) J. C. Misra, J. This revision is directed against the judgment and order dated 7-7-83 passed by Sessions Judge, Bareilly dismissing the appeal preferred against the judgment and order dated 19-5-83 passed by the Munsif Magistrate-VIII, Bareilly convicting the revisionist under Section 467, I. P. C. and sentencing him to rigorous imprisonment for 2 1/2 years and to a fine of Rs. 500. The revisionist Dr. M. M. Kadri had according to the prosecution identified the co-ac cused Rajendra Singh who had withdrawn a sum of Rs. 1,150 from the post office Saving Bank Account No. 870281. Both the Courts below believed the prosecution case and held that the accused Rajendra Singh had withdrawn the amount. It was also held that the revisionist Dr. Kadri had identified Rajendra Singh who had withdrawn the amount representing him self to be account-holder Laxmi Narain. The revisionist Parsadi had affixed his thumb-mark as identifying witness.

(2.) THE prosecution adduced expert evidence and established that the account-holder Laxmi Narain had not affixed his thumb- impression. It was established that the revisionist Parsadi and Dr. Kadri had identified the person who had submitted withdrawal form. In view of this clinching evidence the Court below rightly held that the prosecution case was proved to the hilt. THE finding does not suffer from any error.

(3.) IT is true that the circumstance of the case warrant that the sentence of im prisonment may be altered to sentence of fine which would meet ends of justice. However, since the revisionists are absconding and the learned counsel ap peared to press the revision after all the attempts to secure their arrest proved futile. They did not surrender despite the statement made by the learned Counsel in the Court.