Banwari Lal Sharma, J. - (1.) THE appellant has preferred this appeal under Section 374(2) Cr.P.C. against the judgment and order dated 09.03.1989 passed by the learned Special Judge, CBI, Jodhpur, in Criminal Original Case No. 11/1986, whereby the appellant -accused was convicted for the offences under Sections 409 and 477A IPC and Section 5(1)(D) read with section 5(2) of the Prevention of Corruption Act and was sentenced as under: - U/s.409 IPC: 2 years' rigorous imprisonment with a fine of Rs. 100/ -, in default of payment whereof, to further undergo six months' simple imprisonment. U/s.477A IPC: One year's rigorous imprisonment with fine of Rs. 100/ -, in default of payment whereof to further undergo six months' simple imprisonment. U/s.5(1)(D) and 5(2) of P.C. Act: One year's rigorous imprisonment with a fine of Rs. 100/ -, in default of payment whereof, to further undergo six months' simple imprisonment.
(2.) THE brief facts of the case are that the appellant -accused was working as Chief Cashier in United Commercial Bank, Lohawat Branch in the year 1980. On 19.05.1980, Keshri Chand Suthar gave Rs. 400/ - to him to be deposited in his SB A/c No. 184 on which he made entry in his pass -book and also put his initials but kept the said amount with him and was not registered in the bank record. Similarly, on 23.09.1980, one Paras Ram gave Rs. 200/ - to the appellant -accused to be deposited in his SB A/c No. 155 for which also he made entry in the pass -book of Parasram and put his initials but kept the money with him and did not registered in the bank record. It was also alleged that the appellant -accused, on 18.09.1980, 03.10.1980 and 04.11.1980, while forging the signature of Manaram, disbursed Rs. 3000/ - from his account and also made entries in the bank record to this effect and thus committed embezzlement of Rs. 3000/ - from the SB A/c No. 19 of Manaram. On 22.12.1980, Manaram gave Rs. 5620/ - to the appellant -accused to be deposited in his account on which he gave the receipt of Rs. 5620/ - but in the counter -slip of bank only Rs. 4620/ - were entered and thus embezzled Rs. 1000/ -. On receiving this information, Superintendent of Police, CBI, Jaipur, registered a case and investigation commenced and after investigation, charge -sheet was filed in the court of Special Judge, CBI Cases, Jaipur on 28.02.2013. Thereafter, after hearing, the charges were framed against the appellant -accused for the offences under Sections 409, 467, 477A IPC and Section 5(1)(D) read with Section 5(2) of the Prevention of Corruption Act on 01.09.1983 to which he denied and claimed trial. On 10.12.1984, additional charge was framed for the offence under Section 471 IPC to which also he denied and claimed trial. On being formed the court at Jodhpur, the case was transferred and registered in the court of learned Special Judge, CBI Cases, Jodhpur (hereinafter referred to as 'the learned trial court') on 09.10.1986. To substantiate the charges, the prosecution examined as many as 16 witnesses and exhibited documents from Ex.P/1 to Ex.P/102 and also exhibited Article -1 to Article -13. The appellant -accused was, thereafter, examined under Section 313 Cr.P.C., wherein he denied the prosecution case and stated that he has been implicated falsely and examined Jora Ram (DW -1), Jagdish Prasad (DW -2), Ramuram (DW -3) and Ramesh Kumar Thakur (DW -4) in defence.
(3.) THE learned trial court, after trial, vide impugned judgment of conviction and order dated 09.03.1989 convicted and sentenced the appellant -accused as aforesaid. Hence, this appeal.;