MARUTI SHAMRAO CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS group of Revision Applications is filed by the applicant, who was common accused in all prosecutions, against the orders of conviction under sections 409 or 408 and 477 of I. P. C and the sentence passed by the Additional Sessions Judge, Satara, to suffer S. I. till rising of the Court and to pay a fine of Rs. 45/-, in default, to suffer S. I. for one month. As the separate prosecutions were launched against the applicant, the applicant has filed separate Revision Applications but the point involved being identical in all these Revision Applications they are being disposed of by a common judgement.

(2.) THE short question which arises in all these Revision Applications is whether in appeal against the order of conviction the Sessions Court can consider only the question of sentence on the concession made by the advocate or is duty bound to consider the merits of the case and satisfy itself whether the conviction was rightly recorded or not by the trial Court. In my opinion the Appellate Court is bound to consider the case on merits and satisfy itself whether the order of conviction is rightly recorded by the trial Court or not before proceeding to consider the propriety of the sentence awarded by the trial Court, notwithstanding the concession made in that behalf by the advocate for the accused. The facts leading to the present revision applications arise in the following manner.

(3.) THE applicant was working as Gramsevak in village Mandhardeo and village Verdi during the period from 16th March 1975 to 2nd October 1978. In the audit it was revealed that the applicant had misappropriated certain funds and, therefore, 22 cases were instituted against him in the Court of JMFC, Wai, pursuant to the two F. I. R. filed by P. W. 1. The total amount involved in the 22 cases was Rs. 20,665,45. The applicant was acquitted in 12 cases involving amount of Rs. 19, 101,46 and was convicted in 10 cases involving the alleged misappropriation of the amount of Rs. 1563. 99. In the said 10 cases the applicant filed appeals, out of which, two appeals involving the misappropriation of Rs. 1245/- were allowed on merits. In respect of 8 appeals involving alleged misappropriation of Rs. 309. 99 the Appellate Court, without considering the merits of the case as regards the conviction proceeded to consider the sentence. The trial Court had convicted the accused either under section 409 or under section 408 and under section 477 of I. P. C. and sentenced the accused either to imprisonment for one month and to pay a fine of Rs. 100/- and in default to suffer S. I. for one month or in some cases the accused was sentenced to imprisonment till rising of the Court and to pay a fine of Rs. 100/- or to pay a fine of Rs. 50/- and in default to suffer imprisonment for one month.