(1.) PETITIONER was convicted under Section 409 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 25,375/- in default thereof to further undergo rigorous imprisonment for two years on 16.4.1982 by the Chief Judicial Magistrate, Hissar.
(2.) THE appeal filed by the petitioner was dismissed on 25th March, 1986 by the Additional Sessions Judge, Hissar but the sentence of the petitioner was reduced to three years' rigorous imprisonment and imposition of fine and imprisonment in default thereof was upheld by the learned Additional Sessions Judge, Hissar.
(3.) NO theft was ever reported by the petitioner and Shri B. S. Khurana. During investigation, Assistant Sub Inspector Ram Lal on 17.2.1976 carried out physical verification in the presence of Shri B. S. Dhawan PW4 and Aditya Gaur Sectional Officer. On physical verification total quantity of 26553 C.ft. Bajri was found lying. Report Ex. P7 containing details of Bajri lying at the site of Government College, was prepared. The shortage of 20300 C.ft. was found during investigation.