GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition has been filed by the accused petitioner, against the judgment of the courts below, whereby the learned Addl. Chief Judicial Magistrate held the accused petitioner guilty under Section 408 IPC and sentenced him to undergo RI for 2 years and to pay fine of Rs. 500/- and in default of payment of fine to undergo further RI for 3 months, while learned Addl. Sessions Judge, while upholding the conviction of the accused petitioner under Section 408 IPC, had reduced the sentence to one year besides payment of Rs. 500/- and in default of payment of fine to undergo RI for 3 months.

(2.) THE State had presented challan under Sections 408, 465 and 120-B IPC, against as many as 7 persons, including accused petitioner Gurmit Singh. The FIR was registered on the basis of the letters Ex. PB and IPC written by Ram Dial, Inspector, Cooperative Society, regarding the embezzlement made by accused from the Cooperative Society account Ramgarh. After investigation, challan was submitted in the court. All the seven accused were charged for the offences under Sections 408, 465 and 120-B IPC. Prosecution led its evidence. Statements of the accused under Section 313 Cr.P.C., were recorded. Thereafter, learned Addl. Chief Judicial Magistrate, found that charge of embezzlement under Section 408 IPC was proved against accused Gurmit Singh, having misappropriated Rs. 40,000/- and accused Lakha Singh, for having misappropriated a sum of Rs. 2,30,276.62 of the Cooperative Society. Since accused Lakha Singh had expired during trial, the case against him had abated. However, accused Gurmit Singh was convicted under Section 408 IPC, whereas remaining 5 accused namely Balwinder Singh, Bishna, Jarnail Singh, Makhan Singh and Avtar Singh were acquitted as no case was made out against them. Learned Addl. Chief Judicial Magistrate, after holding the accused petitioner guilty under Section 408 IPC, sentenced him to undergo RI for 2 years and pay fine of Rs. 500/-. In the appeal filed by Gurmit Singh, his conviction under Section 408 IPC was upheld by the learned Addl. Sessions Judge, but the embezzled amount was reduced from Rs. 40,000/- to Rs. 15,055/- and the sentence was reduced from two years RI to 1 year RI, besides payment of fine of Rs. 500/-. Aggrieved against the same, Gurmit Singh, accused petitioner filed the present revision petition in this court.

(3.) I have heard the learned counsel for the State and have gone through the record with his assistance.