ALAM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision under Section 397 of the Code of Criminal Procedure, 1973 (for short, the Code hereinafter) is directed against the judgment and order dated 5-8-1992 passed by the Additional Sessions Judge, Banswara ( for short, the Appellate Court hereinafter) in Criminal Appeal No.55/1992, whereby the appeal filed by the petitioner against the judgment dated 25-11-1991 and order of sentence dated 26-11-1991 passed by the Chief Judicial Magistrate, Banswara (for short, the trial Court hereinafter) in Criminal Case No. 114/1984 was partly allowed and while maintaining the conviction of the petitioner for the offence under Section 409 IPC, the substantive sentence of imprisonment was reduced from one year to six months rigorous imprisonment, however, the sentence of fine was maintained and in default of payment of fine to undergo 1 months simple imprisonment. Aggrieved by the judgment and order impugned, the petitioner has filed the instant criminal revision.

(2.) I have heard learned counsel for the petitioner and the Public Prosecutor for the State. Carefully gone through the judgments and orders of the Appellate Court as well as of the trial Court.

(3.) The petitioner was appointed as Patwari and for the period from 12-5-1978 to 5-7-1982, he was posted as the Patwari in the Patwar Halka (Circle) Nogama in tehsil Bagidaura. While working as the Patwari, the petitioner received amount from various agriculturists as the land revenue. On the receipts given to the agriculturists, the amounts received from the agriculturists were mentioned, however, in the duplicate copy, the petitioner forged the receipts and the actual amounts received from the agriculturists were not deposited in the Government Treasury, on the contrary, lesser amount was deposited and thereby, on revenue being deposited by the agriculturist, the petitioner, being a government servant and entrusted with the amount, was required to deposit the same with the government but he misappropriated the same for his own gain and misappropriated the amount of Rs.1216.62p.