JAG JEEVAN RAM GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal revision petition has been filed by the petitioner against the judgment dated 18.04.1995 passed by the Addl. Sessions Judge No.1, Chittorgarh in Criminal Appeal No.370/1985, by which, the appellate Court affirmed the judgment and order dated 18.05.1984 to the extent of conviction for offence under Section 409, I.P.C. passed by the Chief Judl. Magistrate, Chittorgarh in Criminal Case No.165/1980 but reduced the substantive sentence of 2 years' rigorous imprisonment to 1 year's rigorous imprisonment while maintaining the fine of Rs. 1500/-, in default of payment of fine, to further undergo 6 months' rigorous imprisonment.

(2.) Learned counsel for the petitioner submits that an FIR was registered against the petitioner for offence under Section 409, I.P.C. at Police Station Kanera (District Chittorgarh) upon complaint filed by the Superintendent, Post Office, Chittorgarh, in which, it is alleged that the petitioner was posted as Branch Post Master at Kanera Post Office in the year 1975 and one Ram Swaroop Kabra who was having his CTD account with the said Post Office closed the account and submitted a withdrawal application on 07.01.1975 while putting his signature upon receipt for an amount of Rs. 1,342/- which he handed over to the accused petitioner. It is alleged that the petitioner withdrew the amount but did not pay the same to the complainant. Therefore, the complainant Ram Swaroop Kabra submitted complaint before the Superintendent, Post Office, Chittorgarh who, in turn, forwarded the same to the S.H.O. Police Station Kanera. After investigation, the police filed challan against the petitioner in the Court of M.J.M., Nimbahera from where the case was transferred to the Court of Chief Judl. Magistrate, Chittorgarh.

(3.) In the Court of Chief Judl. Magistrate, Chittorgarh, the trial was commenced and, after framing charge, prosecution adduced oral evidence of 5 witnesses and exhibited 51 documents in support of the prosecution case and document Ex.-D/1 was exhibited which is statement of complainant Ram Swaroop Kabra recorded under Section 161, Cr.P.C. After recording the evidence, the trial Court adjudicated the matter and convicted the accused-petitioner for offence under Section 409, I.P.C. vide judgment dated 18.05.1984 but acquitted him from the charge of commission of offence under Section 465, I.P.C. and passed sentence of 2 years' rigorous imprisonment along with fine of Rs. 1500/-, against the said judgment, an appeal was preferred by the petitioner and the learned appellate Court viz., Addl. Sessions Judge, Chittorgarh decided the appeal vide judgment dated 18.04.1995 and reduced the sentence from 2 years' rigorous imprisonment to 1 year's rigorous imprisonment while maintaining the fine.