BHERULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present revision petition under Sec. 397 read with Sec. 401 Crimial P.C. was instituted in the year 2001 to assail he judgment and decree dated 21st July, 2000 whereby Additional Chief Judicial Magistrate, Kekri, Distt. Ajmer had held petitioner guilty of offence under Sec. 408 Penal Code and had sentenced him to undergo simple imprisonment of two years and pay a fine of Rs. 3000.00 and in default to undergo 15 days simple imprisonment. The trial Court however, had acquitted the petitioner of the offence under Sec. 467 and 468 IPC.

(2.) Aggrieved against the same, petitioner had preferred an appeal bearing No.7/2000. The appellate Court below vide judgment and decree dated 12th Feb., 2001 had upheld the conviction and sentence awarded upon the petitioner by the trial Court.

(3.) Brief facts of the case are that in the year 1981, petitioner was posted as a Manager of Gram Sewa Sahkari Samiti, Karote. An inspection was carried by PW-1 Bhawani Singh on 28th Sept., 1984 and as per the report submitted by PW-1 Bhawani Singh, Inspector, petitioner by fabricating the record had committed misappropriation of Rs. 8,964/-. Trial Court after detailed judgment came to the conclusion that petitioner had neither fabricated nor forged any record and recorded acquittal of the petitioner for the offences under Sec. 467 and 468 IPC. However, trial Court came to the conclusion that petitioner had committed misappropriation Rs. 2,900.00 and thus, committed offence under Sec. 408 IPC.