BACHHA RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant was employed as a cashier in the Polytechnic Institution, Jodhpur run by the Government of Rajasthan, On internal checking it was revealed on May 28 1970 that an embezzlemeat of Rs. 3760/- was committed by the accused-appellant. On May, 30, 1970 the Principal of the Polytechnic, Jodhpur Shri S.N. Goyal (PW 1) lodged a report Ex, P 14 at Police Station, Sardarpura. Jodhpur, The Police after usual invest gation submitted a challan against the accused in the Court of Additional Munsiff Magistrate No. 1, Jodhpur, who committed the accused to the Court of Sessions Judge, Jodhpur who transferred the same to the Court of Additional Sessions Judge No. 2, jodhpur. The appellant was tried by the learned Addl. tional Sessions Judge No. 2, Jodhpur for offences under Section 409 and 477A IPC Prior to the date of conviction the accused deposited an amount of Rs. 3134,10 paisa as admitted by P.W.1 Shri S.N. Goyal. The learned Judge after taking into consideration the fact of payment of the amount and appreciating the evidence led by both the parties convicted the accused appellant under Section 109 IPC and sentenced him to two years' rigorous imprisonment and a fine of Rs. 6000/-; in default of the payment of fine to undergo rigorous imprisonment for a further period of one year. He was also convicted under Section 477A IPC and was sentenced to one year's rigorous imprisonment. Both the substative sentences were ordered to run concurrently. It is not necessary to consider the prosecution evidence in detail and all the circumstances brought forth on the record by the prosecution to establish the guilt against the accused, an the learned Counsel for the appellant has conceded that there are no sufficient grounds for challenging the conviction. I have also looked into the relevant portion of the record and am satisfied that the prosecution has brought home the guilt to the accused beyond any manner of reasonable doubt.

(2.) The only question canvassed before roe is with regard to the sentence. As already narrated an amount of Rs. 3134 10 paisa was recovered from the accused During the pendency of the appeal he has deposited an amount of Rs. 934-66 paisa on 1-2-1975. The photo-state copy of the receipt has been Submitted along with an application for the grant of bail dated July 8, 1975. Thus the State of Rajasthan has been reimbursed to the extent of embezzled amount with which the accused has been charged. The learned Counsel for the appellant urged that the accused was convicted on May 3, 1975 but he was sent to jail on June 9, 1975 for serving out the sentence awarded by the trial court. The learned Counsel prays that the sentence may be reduced to already under gone, and has placed reliance eon,-

(3.) Learned Counsel for the State does not oppose to the reduction of the substantive sentence but prays that sentence of the fine may be enhanced.