DINESHWARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals arise out of the judgment delivered by the Additional Sessions Judge No.2, Jodhpur, in Criminal Cases Nos. 8/1973 and 9/1973 on 4.5.1978 whereby he convicted the accused appellant in each of the case for offences under sections 467, 471 and 417-A Indian Penal Code to six monthsT rigorous imprisonment and to pay a fine of Rs.Vinod Shankar Dave, J. - Both these appeals arise out of the judgment delivered by the Additional Sessions Judge No.2, Jodhpur, in Criminal Cases> Nos. 8/1973 and 9/1973 on 4.5.1978 whereby he convicted the accused appellant in each of the case for offences under sections 467, 471 and 417-A Indian Penal Code to six monthsT rigorous imprisonment and to pay a fine of Rs.1000/-. In default of payment of fine to undergo three months further rigorous imprisonment. He also convicted the accused for the offence under section 408 Indian Penal Code to six monthsT rigorous imprisonment and a fine of Rs. 1000/- An the sentences were made to run concurrently.

(2.) The allegations in both the appeals are in respect of embezzlement done in the University Accounts in the year 1967 68 and all the years were different, trials took place. I am disposing both the appeals by one judgment since in either of the two cases the conviction of the accused is not under challenge.

(3.) Learned counsel for the appellant does not assail the findings arrived at by the trial court on merits and his contention is that the accused has suffered two major heart attacks and he has been admitted to M.G Hospital for acute myocardial infraction. But in this case though the accused was cured but he again had an attack. Medical Certificates have been produced before me for Symptomatic treatment as well as the Indoor Patient Certificate. The undisputed tact is that the accused had remained admitted in the Unit of Dr. K Banarjee. I have no reason to disbelieve the Certificates produced before me and the learned Public Prosecutor could not also, challenge that the Certificates are not genuine.