PRABHU DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Before I take the arguments of the learned counsel, for the accused-petitioner. in this revision petition which has been filed against the judgment dated 1-2-1991 of the learned Addl. Sessions Judge No. 1, Alwar that in view of the Sec. 197 of the Code of Criminal Procedure cognizance of the offence under s. 409 Indian Penal Code could not have been taken against the accused petitioner and he could not have been sentence to two years rigorous imprisonment and a fine of Rs. 2,500.00 in default of payment of fine the petitioner further undergo 3 months RI. it is necessary to give facts,

(2.) The accused petitioner Prabhu Dayal was Sarpanch or Gram Panchayat Lalpura, was entrusted with 60 quintals of wheat under the National Village Employment Scheme for payment as wages for construction of Primary School building. A complaint was made on 26-2-86 and the case of the prosecution is that the accused-petitioner did not distribute or give the wheat to the labourers and misappropriated the same. A report Ex P 32 was submitted by the Panchayat Samiti Thanagazi in Police Station Pratapgarh on 26-2-86 thereafter case was registered against the petitioner The cognizance of offence under sections 409, 471 and 467 Indian Penal Code was taken and the petitioner was acquitted from the charges under Sections 467 and 471 Indian Penal Code. The petitioner was convicted and sentenced under section 409 Indian Penal Code to 2 years rigorous imprisonment and a fine of Rs. 2.500.00 in default of pry rent of fine he was ordered to further undergo 3 months Rigorous Imprisonment.

(3.) The accused-petitioner, against his conviction filed an appeal. The appeal was disposed of by the learned Addl., Sessions Judge on 1-2-91 The learned Addl., Sessions Judge came to the conclusion that the accused was not guilty of 17 quintals of wheat. Consequently it was held by the learned Sessions .judge that the accused misappropriated 771 kilograms of wheat. And the appeal was partly allowed and sentenced the accused-petitioner to till rising of the ,court with the fine of Rs. 2,500.00 in default of payment of fine further undergo six months RI.