ROHTASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present criminal revision has been filed by petitioner-Rohtash being aggrieved by the judgment dated 18.09.2009 passed by Additional Sessions Judge, Hisar vide which criminal appeal filed by Rohtash against judgment and order dated 24/25.11.2008 passed by Judicial Magistrate Ist Class, Hansi vide which Satbir was convicted under Section 409 IPC and was sentenced and convicted for 3 years of RI along with fine of Rs.1,000/-, had been partly allowed and the substantive sentence imposed upon the petitioner was reduced to the period which he had already spent in judicial custody, during the pendency of the trial and he was also ordered to undergo imprisonment till the rising of the court.

(2.) Brief facts of the present case are that on 17.07.2000 a letter was received from the office of Tehsildar, Narnaund, Police Station Narnaud with the allegations that Rohtash-petitioner, Patwari Halka Kapro-III had been entrusted with an amount of Rs.1,08,400/- on 05.07.2000 to be disbursed as an old age pension to various pensioners in the area. The petitioner was directed to disburse the pension and account for the same by 10.07.2000 in the office of Tehsildar through Field Kanungo. The statements of the pensioners were recorded by the Tehsildar and found that the pension amount had not been disbursed to the pensioners and the Area Kanungo submitted his report. Even, the house of the petitioner was visited, but he was not found present. Thus, it was alleged that the petitioner had committed criminal mis-appropriation of the amount qua the old age pension, entrusted to him. Accordingly, FIR No.164 dated 17.07.2000 under Section 409 of IPC, Police Station Narnaund, was registered against him.

(3.) Finding a prima facie, charge under Section 409 IPC was framed against the petitioner to which he pleaded not guilty and claimed regular trial.