FAROOQ HASAN, J. - (1.) THIS revision petition is directed against the judgment dated 22 -12 -1979 passed by the Sessions Judge, Bundi, whereby he partly accepted the appeal of the petitioner's husband.
(2.) THE petitioner's husband was found guilty Under Section 409 and 466, IPC by the CJM., Bundi, and he was sentenced to one year's RI and a fine of Rs. 500/ -. On appeal the petitioner's husband was acquitted from the charge Under Section 466, IPC, but his conviction Under Section 409, IPC was maintained. The case against the petitioner's husband was registered on the basis of a report lodged at P.S., Bundi on 15 -11 -74 by one Smt. Saroj Nag, the then Head Mistress of Government School, Bundi, wherein it was alleged that the petitioner's husband Ramkishan was an LDC in the said school and he committed an embezzlement of Rs. 500/ -and also fabricated the record of the school which was detected by an audit report. After completing the investigation, a charge sheet was submitted Under Section 409, IPC and 466, IPC against the petitioner's husband, who was convicted and sentenced as stated above.
(3.) IN the instant case, the allegation against the petitioner's husband was that a cheque of Rs. 1,000/ - was obtained by the petitioner's husband which was encashed by him from the bank. He after receiving the amount only deposited Rs. 500/ - in the cash book and Rs. 500/ - were kept by him, which are said to have been deposited after the audit report and at the time when the petitioner's husband was transferred from the Govt. Teachers Training School to some other place. It was admitted by the petitioner's husband that due to mistake Rs. 500/ - were not entered in the cash book, although the same amount was there in the cash chest. This statement of the petitioner's husband was disbelieved by both the courts below on the basis of statement given by Smt. Saroj Nag, who stated that at the time of her stay in the school as Head Mistress she not only checked the cash book but also the cash chest and she found that the amount in cash chest was the same as was shown in the cash book. I am also of the opinion that the aforesaid findings of the courts below are not incorrect. The statement of Smt. Saroj Nag cannot be disbelieved, because neither the courts below nor I have found any infirmity in that statement.;