A.S.BAINS, J. - (1.) THE petitioner was convicted for the offence under Section 409, Indian Penal Code, and sentenced to two years' rigorous imprisonment and fine of Rs. 2,000/ - or in default of payment of fine, to undergo further six months rigorous imprisonment by the learned Judicial Magistrate Ist Class, Patti. On appeal, his conviction and sentence was upheld by the learned Sessions Judge, Amritsar. Hence, this revision petition.
(2.) MR . P.S. Sandhu, learned counsel for the petitioner, argued that this case was fabricated against the petitioner on account of his enmity with the General Manager of the Roadways and that there is delay in the lodging of the First Information Report also in this case. He further argued that the defence varsion be accepted as the same is supported by an independent witness, namely, Balkar Singh (DW -1).
(3.) I do not find any merit in these submissions of Mr. Sandhu. The case of the petitioner which is supported by DW -1 Balkar Singh, was never put to Bal Kishan, Cashier with whom the money was to be deposited when he appeared in the witness -box as PW -3. The defence varsion of the petitioner was rightly discarded by the Courts below being after -thought, and he has been rightly convicted on the basis of the evidence of Bal Kishan (PW -3) and Hardit Singh (PW -7) who proved that the amount of way bills Ex. PW -7/A, PW -7/B was entrusted to the petitioner and he failed to deposit this amount with the Cashier. Lastly, it was canvassed by Mr. Sandhu that the petitioner is a first offender and is still working in the Punjab Roadways as he was not suspended even after his conviction and that his sentence of imprisonment may be reduced and the fine be enhanced.;