VIJAY KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These revision petitions have been filed against the order dated 02.09.1999 whereby the present petitioner has been convicted for the offences under Sections 409 and 477A and has been sentenced for two years' rigorous imprisonment and fine of Rs.500/- in each criminal cases and the appeals preferred were dismissed. Hence, these revision petitions.

(2.) The short facts of the case are that on 03.09.1984, an FIR Ex.P/1 was lodged at PS Ramgarh by Shri Jai Prakash Sharma, Development Officer, Postal Department, Sikar stating therein that Vijay Kumar Sharma, who was posted as Postal Assistant was transferred to Ramgarh Shekhawati Post Office and he handed over the charge to Shri Ganpat Ram Morya on 26.05.1984. Thereafter, he absconded. The accused-petitioner reamined posted at Ramgarh Market Post Officer from 09.06.1983 to 25.05.1984 and during that period he misappropriated the Government money to the tune of Rs.26,605.38p. After a lapse of time, amount of Rs. 1,668.28p. were deposited. A detailed report of misappropriation of money was also classified in three heads, as narrated in the FIR, which are as under:-

(3.) After investigation, the police filed 16 charge-sheets, taking three or less offences in each charge-sheet committed within a period of one year for the offences under Sections 409 and 477A IPC. The present petitioner was charged for the offences under Sections 409 and 477 IPC in all 16 cases. The present petitioner denied the charges and claimed to be tried. During the trial, the learned court below consolidated three criminal cases committed within a period of one year and has proceeded trial by consolidating the cases in six cases. The prosecution examined as many as 10 witnesses. The accused-petitioner was examined under Section 313 Cr.P.C. After hearing the present petitioner, the learned trial court convicted and sentenced the petitionees above and appeals have been dismissed. Hence, these revision petitions.