PARMANAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Parmanand has been convicted by Additional Sessions Judge, Sikar for offences under section 408 I.P.C. and sentenced to imprisonment to 4 years rigorous imprisonment and to a fine of Rs. 2,000.00 and in default of payment of fine to further undergo one years rigorous imprisonment.

(2.) The finding of the Additional sessions judge on the basis of the evidence adduced in the case is that Parmanand received Rs. 18,619/50 P. on behalf of the Cooperative Society and out of which he deposited Rs. 2,500.00in the Central Cooperative Bank at siker and retained the remainder of Rs. 16.119/50P. with him The above conviction has been challenged in this appeal by the accused. The accused was cashier of Sankhu Gram Sewa Sahakari Samiti and this mis-appropriation was done by the cashier between 14th March, 1963 to 26th June, 1963.

(3.) Mr. Tibrewal after narrating the facts of the case very fairly and frankly concentrated on question of sentence. It was pointed out that though the conviction of the accused cannot be challenged now in view of the trial but in the peculiar facts and circumstances of the case the accused should be released on the sentence already undergone.