SUBEDAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner who was a Nazir in the Court of Munsif and Judicial Magistrate, Hindaun is alleged to have embezzled Rs. 10,075/ - and hence a report was lodged against him at police station, Hindaun by the then Munsif, Hindaun. This report was based on the audit of the accounts and the police thereafter investigated the sase and filed two separate charge -sheets against the accused for offences under Sections 409 and 477A, IPC. The offences are alleged to have been committed during the period 1976 to 1978. The case was tried by Addl. Chief Judicial Magistrate, Gangapur City who convicted and sentenced the accused as under:

(2.) ACCUSED filed unsuccessful appeals before the Addl. Sessions Judge, Gangapur City and his conviction and sentence was maintained. Thereafter he filed this revision petition before this court.

(3.) I have given my due consideration to all the facts and circums -stances of this case. I am in agreement with the findings arrived at the learned courts below which do not call for any interference. There are two revisions in this court as the accused has been sentenced in both the case. I have not found any order in either of the two cases where the learned courts below might have directed the sentences in both the case to have run concurrently and the result would be that the accused will have to suffer the sentences as separately in each of the case and that would be, in the circumstances of the case, very heavy on the petitioner. Ends of justice would meet in case sentence of accused is reduced from 3 years to 2 years for offence under Section 409 IPC and sentence of fine is reduced from Rs. 3000/ -to Rs. 1,000/ -and sentence under Section 477A, IPC and that in default of payment of fine on each count is maintained. I will also direct that sentence of imprisonment shall run concurrently.