RAMBABU SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) As the facts are the same, the aforementioned four revisions are heard analogously and disposed of by this common judgment. For facility of reference, facts are being taken from Cri. Rev. No. 959/06.

(2.) All the aforesaid revisions have been preferred against the common judgment dated 30th November 06 of the Additional Sessions Judge, Lahar district Bhind M.P., in Criminal Appeal Nos. 140/2006 & 141/2006 by the accused-Appellant Ram Babu and Criminal Appeal Nos. 144/2006 & 145/2006 by the accused-Appellant Rajendra Singh, confirming thereby the judgment of conviction dated 28/8/06 passed by the Judicial Magistrate First Class, Lahar in Criminal Case No. 8/00 for commission of offence punishable under Sections 409 and 120-B of I.P.C. However, so far as sentence is concerned, same is reduced to the rigorous imprisonment of one year with further reduction in the fine amount to Rs. 3,000/- each and in default each of them was directed to suffer one month's additional rigorous imprisonment.

(3.) The facts, in brief, for adjudication of these revision petitions are that the Petitioner No. 1 Ram Babu, at the relevant time was holding the post of Manager in the Co-operative Marketing Society Lahar district Bhind whereas Petitioner No. 2 Rajendra Singh was working as Accountant in the said Society. It is alleged that R.S. Yadav (PW-3), the present Manager of the Co-operative Marking Society Lahar written a letter to the Superintendent of Police Bhind to the effect that the Ex-President of the said Society, namely, Mr. Govind Singh and his subordinates committed criminal breach of trust in respect of the property of the Society. Accordingly, an FIR was lodged against Ram Babu, the then Manager of the Society and Rajendra Singh, the Accountant. After investigation, the charge-sheet was filed before the Criminal Court having the jurisdiction. The charges framed against Petitioner No. 1-Rambabu and Petitioner No. 2 Rajendra Singh are to the following effect: