(1.) The present revision is directed against the judgment dtd. 26/12/2012, passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, vide which the appeal filed by the present petitioner (accused before the learned Trial Court) was partly dismissed and the judgment and order dtd. 14/5/2007, convicting the accused for the commission of an offence punishable under Sec. 409 of IPC and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs.5000.00 and in default of payment of fine to further undergo simple imprisonment for about 3 months was upheld (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
(2.) Briefly stated, the facts giving rise to the present revision are that the police filed a charge sheet against the accused before the learned Trial Court for the commission of offences punishable under Ss. 409 and 420 of IPC. It was asserted that an amount of Rs.1,78,000.00 was awarded by the Motor Accident Claims Tribunal (MACT) in M.A.C case No. 22 of 1996, decided on 12/1/1998, in favour of Jitwar Singh Negi, Domla Devi and Chander Kant. Respondent No.2, National Insurance Company deposited an amount of Rs.1,66,814.00 with the Tribunal. Rs.25,000.00were ordered to be released to Dolma and Rs.8,363.00 each was ordered to be released to Jitwar Singh Negi and Chander Kant. The remaining amount of Rs.1,25,000.00 was ordered to be invested in Kisan Vikas Patras in the name of the petitioners. Accused Puran Raj was posted as a Daftari in MACT Rampur. He was temporarily discharging his duties as Naib Nazir on the date of the incident.
(3.) Sh. Shamsher Singh (PW-17) was posted as District and Sessions Judge Kinnuar, Sessions Division at Rampur Bushahr. He made a written complaint (Ext. PW16/A) to Dy. S.P Rampur. F.I.R. (Ext.PW16/B) was registered at the Police Station.