S.D. Khare, J. - (1.) This is an application in revision against an order dated 18th March 1963, passed by the learned Additional Sessions Judge, Bulandshahr, dismissing the appeal filed by Raghubir Saran applicant against his conviction under Sections 406 and 424, Indian Penal Code, and the sentence of three years' rigorous imprisonment under the first count and two years' rigorous imprisonment under the second count.
(2.) It has been contended before me that the conviction and sentence of the applicant under Section 406, Indian Penal Code, are illegal and that the sentence awarded under Section 424, Indian Penal Code, is severe.
(3.) The facts leading to this revision application might be briefly stated as followx The applicant Raghubir Saran was a partner of a firm Messrs Raghubir Saran and Company, brick-kiln owners. Karaura, within Police Circle Pahasu, District Bulandshahr. Another person of the same name, who happened to be the manager of the C. V. Inter College, Karaura, was also a partner in the same firm. That other Haghubir Saran (who is now dead), the manager of C. V. Inter College, Karaura, secured an allotment of 17 wagons of coal dust in favour of C. V. Inter College, Karaura, and the railway receipts were received in the name of the manager of the said College, namely, the aforesaid Raghubir Saran who is now dead. All the 17 wagons of coal dust were received by Raghubir Saran applicant after obtaining necessary endorsements on the railway receipts from the District Supply Officer, Bulandshahr. A com-plaint was subsequently made by the management of the College to the District Supply Officer, Bulandshahr, who got the entire stock frozen. It was not easy to remove the coal dust from the place where it was stocked, and for that reason it was given in the custody of Raghubir Saran applicant, who executed a supurdiginama, Ex. Ka-1, on 27th April, 1960. A report was made by the President, C V. Inter College, Karaura, that the applicant was utilizing the coal under enquiry. The Supply Inspector was required to make an enquiry and after measuring the coal stocks a report was submitted by the Supply Inspector that there were only 9 wagons of coal left. Again, a similar report was made to the Supply Officer and when the stocks were measured again, it was found that only 6-1/3 wagons of coal dust was left at the spot. The applicant was required to Explain, but he gave no reply. A case under Section 406/ 424, I. P.C. was started against him and he was committed to the Court of session. The Assistant Sessions Judge, who heard the case, convicted and sentenced the applicant as aforesaid and the appeal preferred by him was dismissed.;