RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgement of Additional Sessions Judge, Sri Ganganagar, whereby the petitioner has been convicted under Section 420 IPC and sentenced to undergo imprisonment till rising of the Court and also to pay fine of Rs. 1,000/ -.

(2.) THE prosecution case is that in 1967-68 petitioner was working as Patwari in Lakhasar Tehasil Suratgarh, Distt. Sri Ganganagar. In that period, some complaints were received against him to the effect that he did not deposit the entire amount of land revenue received from the cultivator-tenants of the area. On that an enquiry was conducted and it was found that the accused petitioner received Rs. 970 from Bhajanlal and deposited only Rs. 9. 70 paise. Similarly, he received Rs. 1294 from Thakur Ram and deposited only Rs. 887/- in the Treasury. On the basis of this, a case was registered under Section 409 IPC against the petitioner. After due investigation, police presented challan under Section 409, 420 and 471, IPC. During trial, prosecution examined as many as six witnesses. THE learned trial Court came to the conclusion that accused petitioner committed the offence under Section 420 IPC and sentenced him to undergo two years' rigorous imprisonment and pay a fine of Rs. 2000/-, in default of payment of fine to undergo six months' rigorous imprisonment. Dissatisfied with the judgement of trial Court, accused petitioner filed appeal in the Sessions Court. In appeal, the learned Sessions Judge has upheld the conviction but reduced the sentence till rising of the Court and also reduced the Fine from 2000/- to 1000/ -.

(3.) IT is true, that the petitioner has suffered a lot, for an amount of about Rs. 1200/- in his service career as well as in facing the criminal trial. He is only the bread earner in his family and has grown up daughters to marry. Considering the overall facts, I reduce the sentence and direct the petitioner to pay Rs. 500/- as fine, in default of payment of fine to undergo one months simple imprisonment. The fine be paid within a period of three months.