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Gurdev Singh Shahi Vs. State of West Bengal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 102 of 1973
Judge
Reported inAIR1979SC1195; 1979CriLJ942
ActsIndian Penal Code (IPC) - Sections 48
AppellantGurdev Singh Shahi
RespondentState of West Bengal
DispositionAppeal dismissed
Excerpt:
.....the expenses from time to time. the union of india is directed to deposit a sum of rs.50,000 while ea ch of the states of bihar and west bengal and uttar pradesh is directed to deposit a sum of rs.15,000. [65b-c] - 1 and 5 as also the evidence of the owner of the press that he had received the money but has failed to account for it. we would further like mention that there is no allegation that the appellant had committed any misappropriation before and this appears to be his first offence......leave the appellant has been convicted under section 48 of the i.p.c. and sentenced to one month's rigorous imprisonment and a fine of rs. 500/-. the appellant was working in the daily navi prabhat press and as an employee of the press he had received rs. 180/- on 1-6-1964 from sri gurdev singh shahi, p.w. 1 and rs. 120.32 on 2-5-1964 from anandilal. the prosecution has proved from the evidence of p.ws. 1 and 5 that the appellant undoubtedly received these amounts. the only defence taken by the appellant in his statement under section 342 was that he never received these amounts. the prosecution has further proved from the evidence of p.ws. 1 and 5 as also the evidence of the owner of the press that he had received the money but has failed to account for it. we have gone through the.....
Judgment:
ORDER

S. Murtaza Fazal Ali, J.

1. In this appeal by special leave the appellant has been convicted under Section 48 of the I.P.C. and sentenced to one month's rigorous imprisonment and a fine of Rs. 500/-. The appellant was working in the Daily Navi Prabhat Press and as an employee of the press he had received Rs. 180/- on 1-6-1964 from Sri Gurdev Singh Shahi, P.W. 1 and Rs. 120.32 on 2-5-1964 from Anandilal. The prosecution has proved from the evidence of P.Ws. 1 and 5 that the appellant undoubtedly received these amounts. The only defence taken by the appellant in his statement under Section 342 was that he never received these amounts. The prosecution has further proved from the evidence of P.Ws. 1 and 5 as also the evidence of the owner of the press that he had received the money but has failed to account for it. We have gone through the judgment of the President Magistrate and we do not find any mer in this appeal. The High Court summarily dismissed the appeal as it thought there was absolutely no point for further investigation. We would further like mention that there is no allegation that the appellant had committed any misappropriation before and this appears to be his first offence. As he is a young man and a law graduate so a serious notice of the lapse need not be taken and that is why the trial court took a lenient view and imposed a nominal sentence of one month's rigorous imprisonment only and a fine of Rupees 500/-.

2. There no force in this appeal which is accordingly dismissed.


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