A.C. Upadhyay, J.

1. Heard Mr. S. Deb, learned senior counsel assisted by Mr. D. Bhattacharjee, learned Counsel appearing for the Petitioner and Mr. A. Ghosh, learned Addl. Public Prosecutor representing the State of Tripura.

2. This revision is directed against the judgment and order passed by the learned Sessions Judge, West Tripura, Agartala, in Criminal Appeal No. 09(1) of 2001 affirming, the order of conviction under Section 409 I.P.C. passed by the learned Judicial Magistrate, 1st Class, Agartala in G.R. Case No. 782 of 1997 by reducing the sentence from 3 years R.I. to 1 year R.I. and with a fine of Rs.2,000/- in default to undergo R.I. for 2 months.

3. The facts, leading to filing of this Revision Petition, may be narrated, in brief, as follows:

Sri P.K. Chakraborty, a Block Development Officer of Jirania R.D. Block lodged an Ejahar with Officer-in-charge of Jirania Police Station, stating therein that the Petitioner, the Panchayat Secretary of East Belbari Gaon Sabha, was entrusted with the construction work of 10 numbers of Indira Awas Yojana (I.A.Y.) houses at different places at East Belbari Gaon, vide Work Order No. 13165-235, dated 16.10.1996, 14765-864, dated 15.