CHARANJIT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed against the judgment dated 11.07.2012 passed by learned Additional Sessions Judge, Ambala dismissing appeal filed by applicant-appellant against the judgment and order dated 3.7.2010/5.7.2010 passed by learned Sub Divisional Judicial Magistrate, Naraingarh vide which petitioner-accused was held guilty for the commission of offence under Section 409 of Indian Penal Code in FIR No.59 dated 22.06.1999 registered at Police Station Shahzadpur and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1000.00.

(2.) BRIEFLY stated case of the prosecution is that the present FIR was lodged on the basis of complaint made by Block Development and Panchayat Officer that petitioner-accused was Sarpanch of Gram Panchayat of village Korwa Khurd, who was placed under suspension vide letter dated 3.8.1998. After suspension, the charge was handed over by her to Deputy Sarpanch, however, she has not handed over charge of some items including some cash amount. Hence, notice was served upon the petitioner. Inquiry was got conducted. Junior Engineer who conducted the inquiry reported that there was embezzlement of Rs.1,02,696.05 and accordingly notice was issued to the applicant- appellant to deposit the amount and however, when she refused to deposit the same, the present FIR was lodged against her.

(3.) AT the time of issuing notice of motion, it was stated by learned counsel for the petitioner-convict that he does not want to press the present revision petition so far as the judgment of conviction as passed by learned trial Court and as affirmed by learned first Appellate Court is concerned. Hence, notice of motion was issued regarding quantum of sentence only.