MANKESHWAR DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was separately tried in five under sections 409, 467 and 471 of the Indian Penal Code for having embezzled certain amounts while serving as Sub Accountant in charge of the Narot Jaimal Singh Branch of Punjab National Bank, Gurdaspur. He was separately convicted in all the five cases and sentenced to rigorous imprisonment for two years and a fine of Rs. 1000/ - under section 409 of the Indian Penal Code and to rigorous imprisonment for one year each under sections 467 and 471 of the Indian Penal Code in each case. The substantive sentences of imprisonment in all the cases were ordered to run concurrently. Appeals were carried to the Court of Sessions where these failed substantially inasmuch as while the conviction of the petitioner was maintained in all the cases the sentence of imprisonment under section 409 of the Indian Penal Code was reduced from two to 1 -1\2 year's rigorous imprisonment. The petitioner has filed five criminal revision petitions Nos. 866 to 870 of 1984. All these petitions would be disposed of by this judgment.

(2.) IT is admitted by the State that whole of the amount involved has been recovered from the petitioner. The petitioner is 60 years of age. He has lost his service and also the gratuity amounting to Rs. 60, 000. He is a first offender. He is already undergone a substantive period of two months. I think that keeping in view all these circumstances the ends of justice would be amply met if his sentence of imprisonment under all the charges in all these cases is reduced to the one already undergone by him. His fine under section 409 of the Indian Penal Code is reduced from Rs. 1000 to Rs. 100, in default further rigorous imprisonment for fifteen days, in each case. But for these modifications all the five revision petitions fail and are hereby dismissed. Petition dismissed.