N.N.MATHUR,J. - (1.) The applicant-Mahavir Singh has been convicted for offence under Section 409 I.P.C. and sentenced to 2 years rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default of payment to further undergo 3 months simple imprisonment. He has also been convicted for offence under Section 467 I.P.C. and sentenced to 2 years rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default of payment to further undergo 3 months simple imprisonment. He has further been convicted for offence under Section 471 I.P.C. and sentenced to 2 years rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default of payment to further undergo 3 months simple imprisonment. The learned Magistrate has directed that all the sentences will run separately. Thus, in fact it comes to 6 years rigorous imprisonment and Rs. 3,000/- fine. I do not find any justified reason not to direct the sentences to run concurrently.
(2.) The petitioner was the Postman at the Post Office, Dulrasar. It is alleged that he misappropriated a sum of Rs. 6,217/- by not making payment of the Money Order to one Smt. Suraj Kanwar W/o Ranjeet Singh. The prosecution succeeded in establishing the charges against him. The finding recorded by the trial Court has been confirmed by the Additional Sessions Judge, Churu. The learned counsel has not challenged the finding of conviction for offences under sections 409, 467 and 471 IPC. He, however, submits that the sentences awarded is excessive.
(3.) It appears from the order of the trial Court that the petitioner has refunded the amount with 2% interest. A sum of Rs. 7,212/- has been deposited on 23.4.1993. He is also facing trial since 1992. Considering all facts and circumstances of the case, I am of the view that the ends of justice would meet if the sentence is reduced to the period already undergone.;