PUSPA GOGOI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The judgment of conviction of the accused petitioner under Section 406 I.P.C. by the learned Sub-Divisional Judicial Magistrate, North Lakhimpur, in G.R. Case No. 930/1996 and affirmed in appeal by the learned Additional District and Sessions Judge in Criminal Appeal No. 5(1)/2003 is the subject matter of challenge in this revision.

(2.) The factual backgrounds of the case in a nutshell are that the accused petitioner was entrusted with the job of construction of a community hall at Sonari Gaon, North Lakhimpur and for that purpose a cheque for Rs. 25,000/- was given to him from the MLA, LDA fund but it has been alleged that the petitioner misappropriated the entire amount and no construction was made by him. When the matter came to light, the ADC, North Lakhimpur filed FIR on the basis of which a case was registered and after completion of investigation Charge-Sheet was submitted. Trial commenced before the learned Sub-Divisional Judicial Magistrate, North Lakhimpur.

(3.) On conclusion of the trial the accused petitioner was found guilty under Section 406 I.P.C. and he was sentenced to undergo Simple Imprisonment for 3 (three) months and to pay fine of Rs. 50/-, in default, to imprisonment for 5 (five) days. The judgment was affirmed in appeal by the learned Additional Sessions Judge. Hence, this revision.