SADA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed under Section 397/401 Cr.P.C. against the judgment and order dated 12.08.1998 passed by Sessions Judge, Jalore in Criminal Appeal No.54/96 whereby the learned appellate Court dismissed the appeal filed by the accused-petitioner and upheld the conviction and sentence of the accused-petitioner recorded by the learned Civil Judge (Sr. Division) and Chief Judicial Magistrate, Jalore (for short "the trial court") vide judgment and order 27.06.1996 passed in Criminal Case No. 19/1983. By the said judgment, the learned trial Court acquitted the accused-petitioner for offence under Section 120 IPC but convicted him for offence under Sections 408 and 467 IPC. The sentence awarded to accused-petitioner is as under:- <FRM>JUDGEMENT_82_LAWS(RAJ)12_2017_1.html</FRM>

(2.) Brief facts of the case are that the complainant Mr. B.D. Arya (PW/27), Assistant Registrar, Cooperative Society, Jalore submitted a written report (Ex-P/142) at Police Station Chitalwana in which it has been alleged that the accused-petitioner, who was cashier at Chitalwani Gram Sewa Sahkari Samity Ltd, made embezzlement of Rs. 23,228.04/- by showing false and wrong entries of expenses in the cash book. It was further alleged that the accused-petitioner also made embezzlement of Rs. 15,000/-m by not depositing the said loan amount in the bank collected from the members of the cooperative society and disbursed forged loan. On the said complaint, the Police registered the case against the accused-petitioner for offences under Sections 408, 467 and 120B IPC and commenced investigation. After due investigation, challan was filed before the competent court.

(3.) After hearing the arguments and considering the material on record, the learned trial court framed charges against accused-petitioner for offence under Sections 408, 467 and 120B IPC, who pleaded not guilty and claimed trial.