HARI PARKASH SARPANCH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been directed against the judgment dated 27.09.2013 passed by the Additional Sessions Judge, Shaheed Bhagat Singh Nagar whereby the appeal preferred by Hari Parkash Sarpanch, petitioner against judgment of conviction and order of sentence passed by the learned trial Court in regard to conviction for offence punishable under Section 409 of the Indian Penal Code (in short 'IPC') was dismissed and the findings recorded by the learned trial Court are affirmed.

(2.) COUNSEL for the petitioner fairly concedes that he does not assail the findings of the courts below in regard to conviction of the petitioner, though, the alleged amount of embezzlement is to the tune of Rs. 45050/ - withdrawn by the petitioner as a Sarpanch of the Gram Panchayat on 28.06.2002 deposited within a period of 2 1/2 months i.e. on 09.09.2002. It is submitted that the petitioner deserves indulgence in regard quantum of sentence.

(3.) COUNSEL for the respondent -State of Punjab has not disputed factual assertions but opposed the prayer for reduction in sentence.