BHAGIRATH Vs. STATE OF MP

JUDGEMENT

(1.) Considered I.A. No.1804/2020, which is an application filed under Section 397 of Cr.P.C. on behalf of the applicant - Bhagirath S/o Pemaji.

(2.) The applicant was earlier convicted by the JMFC, Bagli, District Dewas vide its judgement dated 30.10.2015 in Criminal Case No.1539/2006 under Section 409 of IPC and sentenced to 2 years RI with fine of Rs.2,000/- and in default of payment of fine, to suffer 3 months SI. The aforesaid judgement of conviction has been affirmed by the 2 nd Additional Sessions Judge, Bagli, District Dewas vide its judgement dated 28.01.2020 passed in Cr. Appeal No.369/2015

(3.) The prosecution story in short was that applicant Bhagirath was the salesman of the Government Fair Price Shop and his job was to collect the amount on daily basis and hand over the same to Ajab Singh, Assistant Manager of the organization. The accusation against the applicant was that he did not deposit the sale amount and thus committed breach of trust in his capacity as a public servant. The prosecution was launched against the applicant Bhagirath and co-accused Ajab Singh however, during the course of trial, co-accused Ajab Singh had died and the applicant Bhagirath was convicted in the manner as described earlier.