BANWARI LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision petition filed by Banwarilal against the judgment of Sessions Judge, Sikar, dated 30th Oct., 1982, whereby partially accepting the appeal maintained the conviction of the petitioner under Sec. 409 IPC. The petitioner was challaned before the Chief Judicial Magistrate, Sikar under Sec. 409 IPC. The allegation against him was that while posted as Patwari, he collected Lagan Amount from the agriculturists but they did not deposit the money in the Government treasury. He, therefore, embezzled a sum of Rs. 2176.11 paisa. After recording the prosecution evidence and hearing both sides the learned Chief Judicial Magistrate found the petitioner guilty under Sec. 409 Penal Code and sentenced him to three years rigorous imprisonment and a fine of Rs. 500.00 and in default of payment of fine six months rigorous imprisonment. The learned Chief Judicial Magistrate in his judgment found that the petitioner only embezzled Rs. 120.06 paise.

(2.) The petitioner went in appeal against this judgment to the Sessions Judge, Sikar who by his order dated 30th Oct., 1982, maintained the conviction of the petitioner but reduced the sentence of three years rigorous imprisonment to that already undergone. The punishment of fine of Rs. 500.00 was maintained.

(3.) Against this judgment the petitioner has come up before this Court in revision.