MOKHTARUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. P.A.N. Roy, learned counsel for the petitioner and Mr. Vikash Kishore, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 01.09.1999 passed in Cr. Appeal no. 1 of 1998 by Sri R.P. Srivastava, 4th Additional Judicial Commissioner, Ranchi whereby and whereunder the appeal preferred by the petitioner against the judgment and order of conviction and sentence dated 15.12.1997 passed by the learned Judicial Magistrate 1st Class, Ranchi in G.R. No. 916 of 1990 convicting and sentencing the petitioner for the offences punishable under section 406, 420 of the I.P.C. has been dismissed.

(3.) The First Information Report reveals that the informant and other prosecution witnesses had caught one Rickshaw puller with five bags of cement and he was taken to the Police Station wherein it was disclosed that the cements belonged to the State Government and was misappropriated by the petitioner who had asked the Rickshaw puller to deliver five bags of cement to the house of one Dr. Bahra. After investigation Police has submitted charge-sheet under section 406, 420 of the I.P.C. and after framing of charge trial proceeded and ultimately the petitioner was convicted by the learned Judicial Magistrate, 1st Class, Ranchi in G.R. No. 916 of 1990 vide judgment dated 15.12.1997 under section 406, 420 of the I.P.C. and was sentenced to undergo R.I. for a period of 2 years each. Both the sentences were to run concurrently.