RAJENDRA PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 27.7.2001, passed by the 5th Additional Sessions Judge, Aurangabad, in Cr. Appeal No. 32 of 1999/74 of 2000, whereby the appellate Court upheld the order of conviction accorded by the .trial Court in its judgment dated 6.5.1999 in G.R. Case No. 564 of 1990/Tr.No.16 of 1999.

(2.) IT has been submITted by the revisionist lawyer that he was entrusted wITh the work of sinking 75 tube well at different sITes. However, he failed to sink five tubewells at the designated sITe because of some disturbance from the extremist out fITs and so, six pipes were kept in the premises of Anand Hotel, Aurangabad, on a rental of Rs. 10/- perday, to be paid to the Management of the Hotel. Thus, the custody of the pipes was entrusted to the Anand Hotel wITh oral permission of the Junior Engineer so according to the revisionist lawyer, there was no misappropriation of the pipes and accordingly no offence under Section 409 is made out.

(3.) SO far the sentence is concerned, it is submitted by the revisionist lawyer that the revisionist had already suffered incarceration for eleven days and so the period undergone or a sentence of fine shall met the ends of justice.