ANAND KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under section 409 of IPC vide judgment dated 1.5.1998 passed by the JMFC, Jabalpur (Shri Rakesh Shrotiya) in criminal case No.453/1993, whereby he was sentenced for 3 years' rigorous imprisonment with fine of Rs.5,000/-. In criminal appeal No.32/1998, the learned Second Additional Sessions Judge, Jabalpur partly allowed the appeal. The conviction was maintained but, the sentence was reduced from a period of 3 years to a period of one year but, there was no change in the fine amount. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) The prosecution's case in short, is that, in the year 1976 and around that period, the applicant was posted as Naib Nazir in the office of District Collector. According to his public duty, he was expected to collect the revenue from various Patwaris and to provide receipts to them and thereafter, he had to deposit the collected sum in the treasury by a treasury challan. It was found that he received a sum of Rs.15,150.25/- from Patwaris Raghuveer Prasad, Khushal Chand, Acchelal, Ramvilas and Suraj Prasad in that year but, he did not deposit that amount in the treasury. Thereafter, he claimed that he deposited a sum of Rs.11,808.37/- in the treasury but, he could not give the description of that deposit. Therefore, SDO Ranjana Choudhary has directed to lodge an FIR against the applicant and therefore, an FIR was lodged at Police Station Belbagh, Jabalpur. After due investigation, a charge-sheet was filed on 17.10.1977.

(3.) The applicant has accepted that he received the amount from various Patwaris though he abjured his guilt and he has stated that he gave the copy of challans to the concerned Patwaris. He took sometime to submit the defence evidence but, ultimately, he did not adduce any defence evidence.