HAPU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dtd. 24/6/2005 passed by learned Additional Sessions Judge No. 3, Jodhpur (hereinafter referred to as 'the appellate court') in Criminal Appeal No. 49/2003 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dtd. 1/8/2003 passed by the learned Additional Chief Judicial Magistrate, Bilara, in Cr. Case No. 59/1997, whereby, the learned trial court convicted the petitioner for offence under Sec. 408 IPC and sentenced him for two years SI with fine of Rs.2,000.00 and in default of payment of fine, to further undergo two months' SI.

(2.) Brief facts of the case are that on 17/5/1996, PW-2 Bhanwar Singh, Auditor, Sahakari Samiti, Jodhpur submitted a written report (Ex-P/3) at Police Station Bilara to the effect that the petitioner Hapu Ram was working as Manager, Gram Seva Sahakari Samiti, Ransi Gaon and according to the audit report for the year, 1/4/1994 to 31/3/1995 & 1/4/1995 to 30/6/1995, the petitioner misappropriated the amount by depositing less amount in Bank and made false entries in balance sheet. Upon which, Police registered a case against the accused-petitioner for offence under Sec. 408 IPC and started investigation.

(3.) On completion of investigation, the police filed challan against the accused petitioner for offence under Sec. 408 IPC. Thereafter, the trial court framed the charge. The accused petitioner denied the charge and claimed trial.