1. This revision filed under section 397 of the CrPC impugns order dated 15.10.2003 passed by the 7th Additional Sessions Judge, Indore in Criminal Appeal No.301l07 upholding the judgment of the trial Court and convicting the accused for the offence under section' 409 of the IPC and sentencing him to rigorous imprisonment for one year with fine of Rs.1,500/-, in case of default, the accused was to undergo an additional rigorous imprisonment for two months.

2. The brief facts of the case as alleged by the prosecution are that the accused Prahlad was a Sarpanch in Gram Panchayat, Chittoda and working in his official capacity as a public official was awarded certain funds for completion or execution of certain works in the village like well excavation at Ralamandal and Chittoda and for repairing the well and the school building at village Gunawat. The Block Development Officer, Sanver was sent proposals of the expenses involved and the said sums of money were allotted vide Ex.P-1, P-2 and P-3 works contract executed and the Block Development Officer, Sanver handed over the money to the accused. One of the main conditions of the agreement was that in case of any violation of the co