CHAIN SUKH RANGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Chain Sukh Ranga was charged under sec. 409, I. P. C. for committing criminal breach of trust in respect of 541 46 quintals of fodder entrusted to him as Village Level Worker (Gram Sewak) of village Sangar. The Chief Judicial Magistrate, Jaisalmer, found the charge to be proved and, by his judgment dated February 27,1975, convicted the accused under sec. 409. I. P. C. and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs. 1000/-, in default of payment of fine to undergo further simple imprisonment for three months. Aggrieved by the judgment of the trial court, the accused filed an appeal, which was allowed in part by the Additional Sessions Judge No. 2, Jodhpur, inasmuch as even though the conviction under sec. 409, I. P. C. was maintained, the substantive sentence was reduced to six months' simple imprisonment and the sentence of fine was kept in tact. Hence, the accused has filed this revision-petition.

(2.) THE learned Additional Sessions Judge No. 2, Jodhpur, held that it was not proved that at the time when the petitioner took over the charge 373. 43 quintals of fodder was in stock. However, he come to the conclusion that, as admitted by the accused himself, 36 quintals of fodder had been received by him and further that according to entry made by himself, there was a stock of 132 quintals on March 3, 1969. It is not disputed that at the time when the charge was taken from the accused there was in stock only 25 quintals of fodder. Learned Additional Sessions Judge has proceeded on the basis that 132 quintals of fodder had been entered in the stock register by the accused himself and besides that he had failed to make entry of 36 quintals of fodder admittedly received by him. THErefore, at any rate, he was bound to account for 168 quintals out of which 25 quintals only was lying in stock at the time of handing over of the charge by the accused.