AMAMATH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has preferred this Cr. Revision against the judgment passed by the 4th Additional Sessions Judge, Palamau at Daltonganj in Cr. Appeal No. 41 of 1999 on 30.9.99 whereby and whereunder the judgment of conviction recorded by Shri Sahjanand Sharma, Judicial Magistrate, 1st Class, Latehar against the petitioner for the offence under Section 409 I.P.C. awarding sentence of three years rigorous imprisonment and fine of Rs.5,0001 - with default stipulation was affirmed.

(2.) THE prosecution story in short was that on the written report presented by the informant Block Development Officer, Mahuadanr, with reference to the letter No. 564(C) dated 17.7.96 addressed to the Deputy Collector (Establishment) Palamau, a case for the offence under Section 409 I.P.C. was registered against the petitioner by lodging F.I.R. giving rise to Mahuadanr P.S. Case No.29/96 on 10.10.96 for the misappropriation of Government money to the tune of Rs.3,16,753=21paise, allocated for social security pension to the old age persons, but it were never distributed to them as alleged and at the relevant time the petitioner was Anchal Nazir.

(3.) THE judgment passed in the impugned appeal No. 41/99 indicates that the trial of the informant turned accused Awadhesh Ram B.D.O. -cum -C.O., arrayed at later stage was separated and the case of the petitioner being at the fag end of conclusion was decided in his conviction. It was observed by the appellate court that the witnesses produced and examined on behalf of the prosecution were cross -examined at length and that the petitioner was also given opportunity to adduce evidence in his defence. The trial was concluded by deciding the merit of the case within the time frame of eight months as observed in Cr. Misc. No. 4250 of 1998(R) by Ranchi Bench and therefore, there was no occasion to remand the case for re -trial.