RAMCHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) This order shall dispose of Criminal Revision No. 145/89 (Ramchandra v. State of M.P.) and Criminal Revision No. 149/88 (Bapusingh v. State of M P.). Both these revisions are directed against the Judgment and order dated 5.8.1988 of lind AddI. Sessions Judge, Shajapur, passed in Criminal Appeal Nos. 67/85 and 70/85, whereby while dismissing the appeal of accuse-applicants, filed against the judgment and order dated 29.4.1985, passed by J.M.F.C., Shajapur, in Criminal Case No. 64/80, their conviction under Section 409 and 468, I.P.C. and sentence of 3 Yrs. each with ine of Rs. 3,000/- each; in default of payment of fine RI. for six months under Section 489, I.P.C. and sentence of one year RI. each with fine of Rs. 1,000/-; in default of payment of fine imprisonment for six months each under Section 468, I.P.C. has been affirmed.

(2.) The brief history of the case is that the accused-applicants were Secretary and President of Credit Cooperative Society. They received Rs. 9,125/- in that capacity and committed breach of trust by misappropriating it. They also fabricated documents for misappropriating the money. It is alleged that Gangararn deposited Rs. 2025/- in the Society. A receipt in proof of the same was passed over and given to Gangaram. Similarly, Ratan Singh deposited Rs. 700/- on 9.2.1972 they falsely exhibited purchase of manner worth Rs. 4400/-. during such work they received further payment from other members. In the audit report of 71-72 and 72-73 this misappropriation and forgery for the same was detected and the matter was reported to the police. After investigation Police filed the challan.

(3.) On charges being framed and explained accused persons abjured the guilt and pleaded false implication. Accused/applicant Ramchandra appeared as defence witness in support of his contention. After trial the learned trial Judge convicted and sentence them as above.