MARUTI RAMCHANDRA DAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Criminal Revision the petitioner has impugned the judgment and order dated 23-12-1992 passed by the Addl. Sessions Judge, Kolhapur, in Criminal Appeal No. 15 of 1989, whereby the judgment and order dated 4-1-89 passed by the Judicial Magistrate, First Class, Kagal, in Regular Criminal Case No. 284 of 1979, convicting and sentencing him to undergo three months R. I. and to pay a fine of Rs. 200/-, in default, to suffer R. I. for 30 days, for the offence under section 409 I. P. C. , has been confirmed.

(2.) THE accusation against the petitioner is that while working as a "talathi" from 1972 to 1976 at Baleghol Saja, he was entrusted with the work of recovery of land revenue, tagai loan, bunding charges, etc. from the cultivators, and during the said period, committed temporary embezzlement of Rs. 3049. 25/ -. He did not deposit the money which he had collected forthwith, but later on because his wife was ill and he had spent it in her illness.

(3.) AFTER the usual F. I. R. and investigation the petitioner was put up for trial for the offence under section 409 of I. P. C. As mentioned in paragraph No. 1, he was convicted and sentenced by the trial Court and his appeal was also dismissed.