SARAT CHANDRA CHOUDHARY Vs. RAMANIRANJAN MODI

JUDGEMENT

(1.) PETITIONER in both these revisions having been convicted under sections 408 & 477 -A, Indian Penal Code, for committing criminal breach of trust and falsification of accounts in two complaint cases filed by the opposite party in I.C.C. Case No. 84 of 1973 (Trial Case No.85 of 1981) and I.C.C. Case No. 83 of 1973 (Trial Case No. 84 of 1981) preferred two criminal appeals, namely Criminal Appeal No. 207 of 1981 and Criminal Appeal No. 208 of 1981. Both these appeals having been dismissed by the common judgment, the present two revisions have been filed

(2.) PETITIONER 's conviction both under sections 408 and 477 -A, Indian Penal Code, has been upheld by the learned Additional Sessions Judge, but the sentence has been reduced to rigorous imprisonment for six months under each count, though he had been sentenced by the learned trying Magistrate to undergo rigorous imprisonment for two years on each count and further he was sentenced to pay a fine of Rs. 1,000/ -, and in default, to undergo rigorous imprisonment for two months for his conviction under section 408, Indian Penal Code.

(3.) THE learned trying Magistrate on scrutinising the evidence adduced by the complainant came to the conclusion that the accused had misappropriated the amounts in question and further had falsified the counterfoils in the receipt book as alleged by the complainant. The said conclusion of the learned trying Magistrate has been affirmed on appeal by the learned Additional Sessions Judge.