Supreme Court of India

Manjur Faiju Inamdar vs State Of Maharashtra on 14 July, 1993

Supreme Court of India
Manjur Faiju Inamdar vs State Of Maharashtra on 14 July, 1993
Equivalent citations: AIR 1993 SC 2322, 1993 CriLJ 2832, 1993 (2) Crimes 982 SC, JT 1993 (4) SC 147, 1993 (3) SCALE 94
Author: K J Reddy
Bench: K J Reddy, N Singh


ORDER

K. Jayachandra Reddy, J.

1. Leave granted.

2. The appellant herein was convicted by the trial court under Sections 471 and 420 I.P.C. and was sentenced to undergo six months R.I. under each count and to pay a fine of Rs. 500/- in default of payment of which to further undergo R.I. for two months. The appellate court namely the Sessions Court confirmed the conviction and sentence under Section 471 I.P.C. but set aside the conviction and sentence under Section 420 I.P.C. Further revision was dismissed by the High Court. Hence the present appeal.

3. The appellant, who was working as a Line Helper in M.S.E.B. at Tasgaon, tendered L.T.C. Bill for Rs. 2,500/- without actually undertaking the travelling. The matter was investigated and the appellant was prosecuted.

4. The prosecution case is that the accused made a false claim and all the courts below accepted the documentary evidence which is unimpeachable. The learned counsel appearing for the appellant could not assail the findings of the courts below on any valid ground.

5. He further submitted that the offence is that of 1983 and the gravity of the offence is not of that magnitude as to warrant a deterrent sentence inasmuch as he only misused the facility provided for under the service conditions. Be that as it may, the offence is said to have been committed in the year 1993 and the accused who is in jail, has already undergone three months R.I. Under these circumstances the sentence is reduced to the period already undergone. The sentence of fine with default clause is confirmed. Subject to this modification of sentence, the appeal is dismissed.