AHMAD HUSSAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 26.4.93 passed by Vth Additional Sessions Judge, Ujjain, in Cr. Appeal No. 18/92 whereby the conviction u/s 409 of the IPC was confirmed while sentence of two years RI and fine of Rs. 2,000/ - awarded to the applicant vide judgment and order dated 20.2.92 passed by CJM Ujjain, in Cr. Case No. 1418/78 was modified to six months RI and fine of Rs. 2,000/ -, in default of -payment of fine, six months further RI.

(2.) THE prosecution case, in brief, was that on 2.5.75 the applicant, who was Moharir in Tarana Municipality, embezzled Rs. 4,463/ -. Report was made. After investigation, challn was filed. The applicant abjured the guilt. The learned CJM convicted and sentenced the accused -applicant as stated above. The applicant being aggreived by the judgment and order passed by learned ASJ, has filed this revision.

(3.) I considered the arguments advanced by both sides and perused the record. The incident took place on 2.5.75. The allegation against the applicant is that he made embezzlement of Rs. 4,463/ -. The applicant was at that time 47 years of age, now he has crossed 70 years.