SOHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE criminal revision petitions are directed against the order dated 15. 5. 2007 passed by the learned 2nd Additional Sessions Judge, jammu in an appeal against conviction of the petitioner accused whereby judgment of conviction and sentence passed by the learned Chief Judicial Magistrate, Jammu was set aside and the case was remanded back with a direction to proceed with the matter afresh from the stage of Section 342 criminal Procedure Code.

(2.) THE brief facts are that the accused was posted as a Postal Assistant in the Head post Office (HPO) and it is alleged that during the period 1981 to July 1982 accused received an amount of Rs. 14,310. 80 NP as the amount of VPP Register and CD Parcels and deposit the same with the cashier and thereby misappropriated the said amount. A FIR was registered with CBI and after conclusion of the investigation a charge-sheet was presented in the court of learned Chief Judicial Magistrate, Jammu. After trial of the accused, the learned Chief judicial Magistrate convicted the accused petitioner and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000 under Ssection 409 RPC.

(3.) THE petitioner accused preferred an appeal before the learned 2nd Additional sessions Judge Jammu and it was found that the statement of the accused under section 342 Cr. P. C. has not been properly recorded and the record seized in the case and proved during the trial has not been put to the accused petitioner and thereby material irregularity has been committed. The learned 2nd Additional Sessions Judge, jammu after setting aside the judgment of conviction and sentence passed by the learned Chief Judicial Magistrate, Jammu, remanded the case back with the direction to proceed with the matter afresh from the stage of Section 342 Cr. P. C.