SHARIF MASIH Vs. STATE U T CHANDIGARH

JUDGEMENT

(1.) This appeal has arisen out of the judgment and order of the learned Additional Sessions Judge, Chandigarh Mr. Baba Ram Gupta, dated 16-3-1992 wherein without discussing the evidence against the appellant or making any observations with regard to his conviction and sentence recorded by the trial Magistrate, he has observed as under:-

(2.) In nut shell it was argued by the counsel for the appellant that the appellate Court has not at all discussed the facts and the merits of the case as to what was the evidence available against the appellant which was believed by the trial Court on the basis of which he was convicted and sentenced under Sections 120-B and 477-A I.P.C. According to him, the appellate Court has acquitted the main accused Amrik Singh holding that

(3.) In the same manner without discussing the evidence against Harpal Singh who has deposited the whole misappropriate money in the Registry the appellate Court observed that as he has deposited more amount than found embezzled and has even sold his house, therefore, his substantive sentence under different counts was reduced to already undergone.