2013 Supreme(Raj) 910
GOPAL KRISHAN VYAS
Jag Jeevan Ram Garg – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Vineet Jain, Advocate.
For the Respondent: Ashok Prajapat, P.P.
JUDGMENT
1. - Instant criminal revision petition has been filed by the petitioner against the judgment dated 18.04.1995 passed by the Addl. Sessions Judge No. 1, Chittorgarh in Criminal Appeal No. 370/1985, by which, the appellate Court affirmed the judgment and order dated 18.05.1984 to the extent of conviction for offence under Section 409, I.P.C. passed by the Chief Judl. Magistrate, Chittorgarh in Criminal Case No. 165/1980 but reduced the substantive sentence of 2 years' rigorous imprisonment to 1 year's rigorous imprisonment while maintaining the fine of Rs. 1500/-, in default of payment of fine, to further undergo 6 months' rigorous imprisonment.
2. Learned counsel for the petitioner submits that an FIR was registered against the petitioner for offence under Section 409, I.P.C. at Police Station Kanera (District Chittorgarh) upon complaint filed by the Superintendent, Post Office, Chittorgarh, in which, it is alleged that the petitioner was posted as Branch Post Master at Kanera Post Office in the year 1975 and one Ram Swaroop Kabra who was having his CTD account with the said Post Office closed the account and submitted a withdrawal application on 07.01.1975 while putting hi
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