DAYARAM Vs. STATE OF M P

JUDGEMENT

(1.) THE applicant has preferred this revision against his judgment of conviction and order of sentence passed by the Trial Court and affirmed by Appellate Court convicting him for the offence punishable under Section 409, IPC and sentencing him to suffer rigorous imprisonment of two years and fine of Rs. 1,000/-, in default further R. I. of three months.

(2.) IN brief the case of the prosecution is that applicant Dayaram was serving on the post of "rajasva Moharir" (Revenue Clerk) in the office of Municipal Council, Kymore. On 9-6-1989 he collected the house tax and issued receipts but did not deposit the said receipt book nor deposited the amount. On 29-12-90 a written notice was given to applicant to deposit the book but he did not deposit and thereafter it was advertised in newspaper to general public that if any assessee has deposited an amount of house tax and is having receipt issued from the receipt book which was issued to applicant, may submit the original receipt. On 2-2-1991 one Chhotelal Mishra submitted a receipt bearing receipt No. 29 dated 26-7-89. According to prosecution, a sum of Rs. 648/-was obtained from said Chhotelal by applicant, but, the amount was not deposited in the office of Municipality. Thereafter a written report was submitted by Chief Municipal Officer on 6-2-91 to Police Station, Kymore and on the said report a case was registered. During investigation one Mohd. Hanif submitted the receipt book and stock register.

(3.) AFTER investigating the case a charge-sheet was submitted and applicant was charged under Section 409, IPC. Needless to emphasis, he denied the charge and pleaded complete innocence. The defence of the accused is that he was not serving on the post of "rajasva Moharir" (Revenue Clerk) but was serving on the post of "rajasva Nirikshak" (Revenue Inspector ). According to him he was not informed about the deposit of receipt book and on account of enmity he has been falsely implicated.