SHELLENDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed under Sec. 397/401 Cr.PC. against the judgment and order dated 03.08.1999 passed by learned Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar (for short the appellate court ) In Criminal Appeal No. 105/1997 (85/1995) whereby the learned appellate Court dismissed the appeal filed by the petitioner and upheld the conviction and sentence of the petitioner recorded by the learned Judicial Magistrate, First Class, Padampur (for short the trial court ) vide Judgment and order dated 13.06.1995 passed In Criminal Case No. 43/1989. By the said judgment, the learned trial Court convicted and sentenced the accused-petitioner for offence under Sec. 408 Penal Code to undergo 3 years' rigorous Imprisonment and to pay a fine of Rs. 500.00, and In default of payment of fine to further undergo 8 months' rigorous Imprisonment.

(2.) As per the ease set up by the prosecution, the accused-petitioner Shelender Singh was a salesman appointed In Kraya Vikraya Sahakari Samiti, Rajsinghpur In the year 1976 for selling fertilizer, seeds and pesticides ete, It is alleged that physical verification of the stock was not got done by the petitioner and he used to get the signatures of the officers by mentioning In the documents that the physical verification has been done, The petitioner was transferred on 4,6,1986 and he was directed to hand over the charge to one Ramesh Sharma, but the petitioner went on leave by locking the godown, Thereafter, a general meeting of Samiti was convened and on 27,6,1986, It was ordered that a physical verification of the godown be made, Accordingly, the lock of the godown was broken and upon verification, several empty sacks of fertiliser were found in the godown. As per the verification report, the petitioner allegedly embezzled Rs. 6,75,277 30.

(3.) The F.I.R. was lodged against the petitioner on 5.2.1987 and he was arrested. After usual investigation, the police filed challan against the accused-petitioner for offence under Sec. 408 IPC.