JASPAL SINGH Vs. STATE OF HARYAN

JUDGEMENT

(1.) THIS revision-petition is directed against the judgment dated 09.07.2002, rendered by the Court of Additional Sessions Judge, Ambala, vide which it dismissed the appeal against the judgment of conviction and the order of sentence dated 12.08.2000, rendered by the Court of Judicial Magistrate 1st Class, Ambala Cantt, convicting the accused for the offence punishable under Section 409 of the Indian Penal Code and awarding him sentence to undergo RI for a period of two years and to pay a fine of Rs. 1500/-, in default of payment of fine. to undergo further rigorou imprisonment for a period of 15 days

(2.) THE facts, in brief, are that the accused (now revision-petitioner) was Sarpanch of village Rampur District Ambala from May 1989 to December 1989. During this period, he was entrusted with a sum of more than Rs. 35,000/- in such capacity. He kept the amount more than Rs. 35,000/- as cash, in hand, though he could only keep a sum of Rs. 1000/- as cash in hand, according to the provisions of Panchayati Raj Act and Rules framed thereunder. In this manner, he misused the amount for a certain period and, thus, dishonestly mis- appropriated the same. On the aforesaid allegations, the case was registered against the accused. The accused was arrested. The statements of the witnesses were recorded. After the completion of investigation, the challan was presented, against the accused.

(3.) THE prosecution in support of its case examined Suresh Kumar, (PW-1), Gurnam Pram, Chur Singh, Head Constable. (PW-3), Mehar Chand, Sub Inspector, (PW-4), Laxman Dass, DSP (PW-5), and Nand Kishore, Inspector, (PW-6). Thereafter, the Assistant Public Prosecutor for the State closed the prosecution evidence.