SACHIN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 15.05.2009 passed by the learned Additional Sessions Judge, FTC, No. 2, Kamrup in Crl. A. No. 49/2008 arising out of GR Case No. 2859/2003

(2.) The petitioner was convicted by the learned Chief Judicial Magistrate, Kamrup under Section 409 IPC and sentenced him to rigorous imprisonment for two years and fine of Rs. 5000/- with default stipulation. The appeal preferred by the petitioner stood dismissed.

(3.) The brief facts which may be relevant for disposal of this revision are that the petitioner was working as Assistant Executive Engineer, Udalguri Electrical Sub-Division. He was sent to Central Store at Guwahati of the Electricity Department for collecting some electrical articles. He took delivery of the articles from the Central Store, Guwahati at Ulubari and Kahilipara, but while proceeding to Udalguri, some of the articles were unloaded and kept in his residence at Guwahati. Having come to know about the said facts, the Executive engineer lodged an FIR, on the basis of which, police registered a case being Dispur P.S. Case No 137/2003 under Section 406/379 IPC and on completion of investigation, charge sheet was laid against the petitioner. Eventually, the petitioner stood trial for offence under Section 409 IPC and was convicted and sentenced as indicated above.