JUDGEMENT
ANAND PATHAK,J. -
(1.)The present criminal revision under Section 397 and 401 of Cr.P.C. has been filed arising out of the order of conviction and order of sentence dated 12th October, 2018 passed by the Additional Sessions Judge, Vijaypur, District- Sheopur in Criminal Appeal No.05/2018 whereby petitioner has been held guilty and convicted for the offence under Section 409 of IPC and sentenced to undergo 3 years rigorous imprisonment alongwith fine of Rs.1,000/- with default stipulation.
(2.)Precisely stated facts of the case for adjudication are that complainant-T.P. Jatav made a written complaint to the Police Station Vijaypur on 18/09/2001 alleging that petitioner being Sarpanch of Gram Panchayat Hullapur as public servant did not deposit the amount of Rs.52,093/- which is allotted for the development work in the village, wheat of mid-day-meal alongwith Rs.56/- and amount of Rs.94,288/- which belongs to Gram Panchayat Hullapur and was kept with him. It is also mentioned in the written complaint that petitioner committed the offence of criminal breach of trust therefore, suitable action be ensured. On aforesaid complaint, Police Station Vijaypur registered the case against the petitioner under Section 409 of IPC and after investigation, charge-sheet has been filed.
(3.)The trial Court after considering the evidence of the parties and documents submitted in support of the submission, vide order dated 27/12/2017 passed in Criminal Case No.10052/2002 convicted the petitioner for the aforesaid offence and awarded sentence as referred above.
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