BAGGA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner under Section 397/401 Cr.P.C. against the judgment dated 26.05.2016 passed by the learned Additional District and Sessions Judge No.2, Hanumangarh whereby, while dismissing the appeal, the conviction and sentence awarded to the petitioner by the learned Judicial Magistrate (First Class) Tibbi vide judgment dated 25.02.2011 was affirmed. The petitioner has been convicted for offence under Section 409 IPC and 467 IPC and sentenced to one year simple imprisonment alongwith fine of Rs. 500/- each and in default of payment fine, to further undergo one month simple imprisonment.

(2.) Brief facts of the case are that a complaint was filed by the Up Sarpanch Gram Panchayat Pirkamadiya to the Tehsildar, Tibbi to the effect that the petitioner who was posted as Postman at Post Office Pirkamadiya misappropriated the old age pension which was to be distributed to the Late Mukand Singh and Late Chhindi as money order. After preliminary investigation, the Assistant Superintendent, Post Office, Hanumangarh found the petitioner guilty of mis-appropriation and lodged a FIR by way of application with the Police Station, Tibbi against the petitioner for offence under Section 409, 467, 468, 471 IPC. The police after usual investigation, filed chargesheet against the petitioner for offence under Section 409, 467, 468 IPC.

(3.) Learned public prosecutor opposed the submissions made on behalf of learned counsel for the petitioner and submits that the sentence awarded by the courts below cannot be said to be disproportionate. However, he does not dispute the fact that amount misappropriated has already been deposited by the petitioner in the post office.