KUNDAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS revision is brought from the decision of the Additional Sessions Judge, Mandi, in a case under Section 408 of the I. P. Code whereby agreeing with the Magistrate First Class, the petitioner Kundan Lai has been convicted under that section and has been sentenced to rigorous imprisonment for eight months and to pay a fine of Rupees 1,000/-,

(2.) THE prosecution case was that Kundan Lal was Secretary-cum-Salesman of Kunt Bheo Go-operative Society and as such used to be entrusted with the amount belonging to that Society. He was also maintaining the cash-book of the Society. One Hem Raj Gupta checked the accounts, and found that a sum of Rupees 5. 490. 62 no was short. The accused was given a week's time to make up the balance. He did not do so and was relieved of his duties on 23-8-1967. Subsequently a report was instituted against the accused and he was prosecuted for the offence under Section 408 of the Indian Penal Code.

(3.) THE accused pleaded not guilty and asserted that he had not committed criminal breach of trust and that the President Todar as well as a few others were responsible for the shortage in the account. The learned Magistrate, however, convicted him and sentenced him to one year's rigorous imprisonment and to pay a fine of Rs. 1,000/ -. The accused came in appeal before the learned Additional Sessions Judge, but did not succeed; However, the sentence was reduced to eight months rigorous imprisonment and to a fine of Rs. 1,000/ -. He has now come up in revision before this Court.