NOORAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present revision petitions under Sections 397 and 401 of the Code of Criminal Procedure (for short the 'Code') are directed against the judgments passed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P. on 22.09.2008 in Criminal Appeal No. 1 of 2005 and Criminal Appeal No. 2 of 2005, whereby he dismissed the appeals filed by the petitioner and affirmed the judgments of conviction and sentence passed by learned Sub Divisional Judicial Magistrate Anni, District, Kullu, H.P., on 27.01.2005, in Criminal Case No.4-2 of 2002 and Criminal Case No. 4-A-2 of 2002, whereby the petitioner was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/- for the offence punishable under Section 409 IPC, to undergo rigorous imprisonment for the period of three months and a pay fine of Rs. 500/- for the offence punishable under Section 468 IPC and to further undergo rigorous imprisonment for the period of three months and to a pay fine of Rs.500/- for the offence punishable under Section 471 IPC and in default of the payment of fine imposed upon him, he was further directed to undergo rigorous imprisonment for three months each for the aforesaid offences.

(2.) The case of the prosecution is that on 14.08.2001, Shri Beli Ram, Inspector Post Office, West Sub Division, Rampur Bushahr addressed application Ex.PA to the Station House Officer, Police Station, Nirmand regarding misappropriation of public money by the petitioner. It was alleged that petitioner while working as Gramin Dak Sewak, Branch Post Master at Branch Post Office, Durah in Nither Sub Post Office, District Kullu had misappropriated Rs. 12,000/- and Rs. 25,000/- of one year term deposit account Nos. 710039 and 710042. It was further alleged that petitioner had misappropriated Rs. 12,500/- from recurring deposit account and Rs. 8000/- of the holder of Indira Vikas Patras No. 60B 352402 to 352409. In this manner, the petitioner had misappropriated a total sum of Rs. 57,500/- and he was absconding since 21.06.2001.

(3.) On the basis of this application, FIR Ex. PB under Section 409 came to be registered on 22.08.2001. During investigation, it was found that the accused had misappropriated the aforesaid amounts and on conclusion thereof accused came to be challaned for the offences committed under Sections 409, 468 and 471 of the Code.