G.K. Sharma, J. -
(1.)This revision petition has been preferred by the petitioner against the judgment of the Additional Sessions Judge, Ajmer, dated 8th Aug., 1978, convicting the petitioner under Sec. 406 IPC. The petitioner was challaned under Sec. 409, IPC, and was convicted by the Chief Judicial Magistrate, Ajmer under section 409, IPC. and sentenced to rigorous imprisonment for one year, and to pay a fine of Rs. 1,000.00, and in default of payment of fine, to further undergo rigorous imprisonment for six months. In appeal, the learned Additional Sessions Judge, acquitted the petitioner from the offence under Sec. 409, IPC, but convicted him under Sec. 409, IPC, and sentenced him to rigorous imprisonment for six months, and to pay a fine of Rs. 200.00, and in default of payment of fine, to further undergo simple imprisonment for one month.
(2.)The facts of the case briefly narrated are, that petitioner Shiv Kumar was working as accountant in the office of the Superintendent of the Police, Ajmer. His duty was to maintain accounts and to receive the cash. On 13th Jan., 1966, LC Khubchand deposited a sum of Rs. 165.50 with petitioner Shiv Kumar. This amount was towards the sports-fund, and was sent by the SHO, Kotwali, Ajmer to the office of the Superintendent of Police. Shivkumar received this amount, and gave a receipt to Khubchand. This amount was not deposited with the Government by the accused petitioner, and was not entered in the cash-book. It is alleged that hence, he has misappropriated the said amount. On 13th Jan., 1969, the Superintendent of Police, Ajmer, sent a report, Ex. P. 4 to the SHO, Civil Lines, Ajmer; and on this report, a case was registered against petitioner Shiv Kumar. After investigation, a challan was submitted in the court of Additional Munsif & Judicial Magistrate, Ajmer (East). The accused petitioner remained absconded, but later on he appeared before the court on 13th April, 1970.
(3.)The learned Magistrate framed a charge under Sec. 409, IPC. against the accused-petitioner. The accused pleaded not guilty. The contention of the accused was that the said amount was, no doubt, paid to him by Khubehand, but, he had paid this amount to cashier Rajendraprasad. It was also stated by him that he had asked Khubchand to take a Pucca-Receipt from cashier Rajendraprasad. He has, no doubt, admitted that he had issued Kachcha-Receipt to Khubchand. In defence, the accused- petitioner has examined some witnesses also. According to the petitioner, he has not mis-appropriated any amount.