BRAJESH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON the basis of a report given to the Police, Muzaffarpur Town P.S. Case No. 57 of 2002 was registered against the petitioner and other accused persons. According to the first information report, opposite party No. 2- accused who happened to be the Manager of the Muzaffarpur Branch of the Carryco Transport Company in criminal conspiracy with his brother and wife committed defalcation of more than Rs. 1 crore by fabricating and falsification of account.

(2.) THE police, after investigation submitted charge sheet and the accused was ultimately put on trial for offence under Section 406, 408, 120B, 420, 468, 471 and 477 of the Indian Penal Code, for short 'IPC'. Accused appeared and pleaded his guilt and admitted misappropriating a sum of Rs. 1 crore by interpolating the accounts of the Company. On his admission of guilt, the learned Magistrate, by order dated 30th June, 2003 passed in Trial No. 1353 of 2003 (G.R.No. 377 of 2002), held him guilty under Section 406, 408, 120B, 420, 468, 471 and 477 of the IPC and sentenced him to undergo rigorous imprisonment for one year each for offence under Section 406, 120B, and 471 of the IPC. THE learned Magistrate also sentenced him to undergo rigorous imprisonment for one year ten days under Section 408, 420, 468 and 477 of the IPC and also inflicted fine of Rs. 250/ each for each of the offences excepting Section 477 of the IPC for which a fine of Rs. 500/ was imposed. In default of payment of the fine the accused was to suffer simple imprisonment for twenty days. Sentences were directed to run concurrently.

(3.) MR. S.D. Sanjay, appearing on behalf of the informant-petitioner, submits that in the facts of the present case, the sentence awarded to the accused is inadequate and as such, same deserves to be enhanced by this Court so as to make the same proportionate to the gravity of the offence.