SHABEER AHMAD Vs. STATE OF J AND K

JUDGEMENT

(1.) PETITIONER, Shabeer Ahmad, (hereinafter for short as 'accused') who was working as Junior Assistant in Govt. Girls High School, Darhal malkian, stands convicted under Section 409 Ranbir Penal Code by the learned Chief judicial Magistrate, Rajouri, vide judgment dated 12. 1. 1999, which is further affirmed by learned Sessions Judge, Rajouri, vide judgment dated 3. 7. 1999. He has been sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 10,000, in default thereof, to further undergo imprisonment for six months. Aggrieved of both the judgments, he has preferred the instant revision petition, which already stands admitted and his substantive sentence has been suspended during the pendency of the instant petition. Presently he is on bail.

(2.) ALTHOUGH the prosecution case, in detail, is narrated in both the impugned judgments, yet it needs to be reflected once again in brief.

(3.) HEAD Master, Govt. Girls High School, darhal Malkian, lodged a written complaint in Police Station Darhal on 19. 12. 1992 alleging therein that the petitioner and one m. K. Handoo had misappropriated the Government money relating to the following treasury vouchers: