RAM PRATAP Vs. STATE

JUDGEMENT

(1.) THIS revision has been filed by Rampratap against the appellate order of the Additional Sessions Judge, Jaipur dated 7. 7. 1960 maintaining his conviction under sec. 409 IPC and a sentence of two years' rigorous imprisonment and a fine of Rs. 1,500/- and in default six months, further rigorous imprisonment.

(2.) THE necessary facts for the disposal of the present revision-petition may very briefly be given as follows: - THE petitioner Rampratap was a cashier at Tehsil Lalsot. In the year 1952-53 he committed breach of trust in respect of various sums of money received by him in his capacity as a cashier. Originally he was prosecuted some time in the year 1954 or 1955 under sec. 409 IPC in respect of an amount of Rs. 68. 6. 0 consisting of three items of Re. 1/-, 0/4/0 and Rs. 67/2/ -. He was convicted by the Extra Magistrate, Dausa but on appeal, the District & Sessions Judge, Jaipur by his order dated 25. 7. 57 set-aside his conviction and acquitted him. Subsequently the police put up three challan cases against the petitioner in respect of particular sums of money mis-appropriated by him in the year 1952, 1953. In case No. 31 of 1957 the prosecution is in respect of eleven items totalling Rs. 929/11/6. In another case no. 45/57 it is in respect of one item of Rs. 673/8/3 and in case no. 160/57 the prosecution is in respect of three items totalling Rs. 471/9/6. All three cases were tried by the Magistrate at one trial. THE Magistrate after the trial came to the conclusion that there was no mis-appropriation regarding the item of Rs. 673/8/3 of case No. 45/57 land there was also doubt regarding some items included in the charges in cases no. 31 and 190. However, in respect of specific items he found the charge proved and convicted the accused and passed a sentence as stated above. On appeal, the Additional Sessions-Judge maintained his convict on as well as the sentence.