JAGAT LAL GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the judgment recorded by 1st Additional Sessions Judge, Katihar in Cr. Appeal No. 60 of 1985 under which the learned appellate Court had upheld the conviction of the petitioner, a Clerk in the Postal Department, under Section 409 of the Indian Penal Code and sentenced him to undergo three years of rigorous imprisonment and a fine of Rs. 5,000.00 (five thousand) or to undergo rigorous imprisonment for one year in default to pay the fine. It may be mentioned that the learned lower Court had also convicted the petitioner under Sections 468 and 420 of the Indian Penal Code sentencing him to undergo rigorous imprisonment for one year on each count also ordering that all the sentence would run concurrently. Learned appellate Court set aside the conviction and sentences under Sections 420 and 468 of the Indian Penal Code but, as already stated, upheld the conviction and sentence under Section 409 of the Indian Penal Code.

(2.) Earned Counsel for the petitioner also submitted that for similar nature of offence the petitioner in other case was acquitted. However, acquittal in a case of similar nature will not affect the merit of the prosecution case in other case.

(3.) From perusal of the judgments of the learned lower Courts, viz. of the Court or learned Sub-Divisional Judicial Magistrate, Katihar who had held the trial and oil the appellate Court, find that those judgments have discussed the details including the rules concerned and the impact of the evidence, oral and documentary. On careful consideration of the case, I find that there is no scope for interference in that.