During investigation, the investigating agency found that the accused who was working as a Godown Assistant in the Corporation had misappropriated 11 gunny bales value of which was Rs.38,841/ that he had tampered with the record of the department and accordingly the police authorities filed the charge sheet for the aforesaid offences before the companyrt of companypetent Judicial Magistrate.
The learned Magistrate on the basis of evidence brought on record, found that the prosecution had been able to bring home the guilt against the accused and accordingly sentenced him to suffer rigorous imprisonment for three years under Section 467 and 409 IPC and two years under Section 468/471 IPC with separate default clauses.
The judgment of companyviction and order of sentence was assailed in appeal before the learned Session Judge, Firozpur and the matter was finally heard by the learned Additional Session Judge, who appreciating the evidence on record, companycurred with the companyviction but modified the sentence of three years imposed under Section 409 and 467 IPC to two years.
Similar order was passed by another trial Magistrate.
Being dissatisfied, the first respondent preferred Criminal Revision No.
Both the orders were companycurred with by the High Court.
359/2001 in the High Court of Punjab and Haryana at Chandigarh.
