Ram Kishore Dwivedi vs State of Madhya Pradesh - 2021 Supreme(Online)(MP) 4388

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Online)(MP) 4388

HIGH COURT OF MADHYA PRADESH
B.K. Shrivastava, J
Ram Kishore Dwivedi – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates:
For Appellant: Shri Sankalp Kochar
For Respondent: Shri Dinesh Kumar Patel

Table of Content
1. court’s observations confirm substantial evidence against the appellant amid inconsistent claims. (Para 7 , 11)
2. arguments revolve around lack of definitive entrustment and involvement of other staff. (Para 9 , 10)
3. need for evidentiary clarity in establishing guilt under criminal breach of trust. (Para 13)
4. revised sentencing due to personal circumstances and already served time. (Para 14 , 16)

(JUDGMENT)

This appeal has been filed under section 374(2) of CrPC on 23.11.2009 by appellant Ram Kishore Dwivedi against the judgment dated 1.10.2009 passed by the Third Additional Sessions Judge, Chhatarpur in Sessions Trial No.168/2008. The trial court convicted the appellant for the offence under section 409 of IPC and sentenced him to undergo 3 years rigorous imprisonment with the fine of Rs.500/- with default stipulations.

3. During arguments, it is also submitted by the learned counsel for appellant that no amount was entrusted to the appellant. It was not proved that the appellant received the amount. It is also transpired from the evidence that other persons were also engaged in the work of collecting money and issuing receipts. He draws attention towards Para no

Click Here to Read the rest of this document