VIJAYA CO-OPERATIVE M P SOCIETY Vs. SANGAT RAM

JUDGEMENT

(1.) This revision petition is directed against an order of the learned Sessions Judge, Mahasu, Sirmur, Bilaspur and Kinnaur Sessions Division, rejecting a revision petition, against the order of the learned Magistrate First Class, Rohru, convicting and sentencing Sangat Ram respondent, under Section 408 I.P.C.

(2.) Sangat Ram respondent was a salesman of the petitioner society. The President of the petitioner society had lodged an F. I. R., at the Jubbal Police Station, that Sangat Ram had committed criminal breach of trust, in respect of several amounts, totalling Rs. 2102.31 nP., of the petitioner society. After investigation, Sangat Ram was challaned, under Section 408 I. P. C.

(3.) The learned Magistrate considered the documents, submitted under Section 173 Cr. P. C., with the challan. His conclusion was that the evidence, collected by the police, disclosed an offence, against Sangat Ram, with respect to two amounts namely, Rs. 168.50 nP. and Rs. 791.00, only and that the charge, with respect to the other amounts, totalling Rs. 1142.81nP, was groundless. So, he examined Sangat Ram with respect to the aforesaid two amounts, only. Sangat Earn admitted that he had misappropriated the two amounts. A charge-sheet, under Section 408 I.P.C., with respect to the above two amounts, was framed against him. He pleaded guilty to the charge. The learned Magistrate convicted him, under Section 408 I.P.C. on his plea of guilty, and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-. The learned Magistrate, further, directed that the sentence should commence from "today", meaning thereby that the sentence should commence from the date of his order. At this time of his conviction, Sangat Ram was already undergoing a sentence of imprisonment for an offence, under Section 436 I.P.C. The result of the direction of the learned Magistrate that the sentence, imposed under Section 408 I.P.C., should run from the date of his order, was that the sentence was made to run concurrently with the sentence, under Section 436 I.P.C.