9911796707
TMI Blog1964 (11) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in these two cases of offences under s. 467 read with s. 471 and s. 477A I.P.C. The sentences imposed for these offences were to run concurrently with the sentence of imprisonment for the of- fence under s. 409 I.P.C. The sentences imposed in the two cases for the offence under s. 409 I.P.C. were to run consecutively as no order had been made by the Sessions Judge for the sentence in the case in which judgment was pronounced later, to run concurrently with the sentence imposed in the other case. In each of the other two cases, the appellant was sentenced to 3 years' rigorous imprisonment under S. 409 I.P.C. by Shri Dube, First Additional Sessions Judge, Ujjain, on July 20, 1963. The Sessions Judge ordered the sentences in these tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt said The trial Court has awarded a sentence of three years without fine. It is quite lenient. The result of the four convictions and sentences passed in these cases is that the appellant has to undergo imprisonment for 11 years for mainly committing the offences under s. 409 I.P.C. with respect to different amounts, in his capacity as Sarpanch of the Mandal Panchayat, Ujjain. Special leave was granted on the question of sentence only. One of the grounds taken in the special leave petitions was that his being tried in four cases for committing criminal breach of trust with respect to different amounts, led to the petitioner's prejudice and harassment inasmuch as he was to undergo sentences, of imprisonment consecutively. Sub-s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision might have gone against the appellant if one considers the remarks of the High Court on the nature of the sentence in each case. The High Court considered that the sentences were inadequate. Learned counsel for the appellant has not urged that there is any illegality in the sentences awarded to the appellant in the various Sessions cases or in not making them run concurrently with the sentence awarded in the first Sessions Trial No. 35 of 1961. He has, however, urged that the various acts of criminal breach of trust which formed the basis of the convictions took place within a period of a few months, from November 19, 1955 to February 23, 1956, and that therefore the appellant should have been charged for committing criminal brea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l rule is that there should be a charge for each distinct offence, as provided in s. 233 of the Code. Section 222 mentions what the contents of the charge should be. It is only when it may not be possible to specify exactly particular items with respect to which criminal breach of trust took place or the exact date on which the individual items were misappropriated or in some similar contingency, that the Court is authorised to lump up the various items with respect to which criminal breach of trust was committed and to mention the total amount misappropriated within a year in the charge. When so done, the charge is deemed to be the charge of one offence. If several distinct item with respect to which criminal breach of trust has been commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o is an enabling section. Apart from the fact that the separate trials of the appellant in four cases for committing breach of trust with respect to several items was not illegal, there is nothing on record to show that the investigating agency had worked out all the cases of criminal breach of trust prior to prosecuting the appellant for the offences of which he was tried at Sessions Trial No. 35 of 1961. If all the offences had not been worked out prior to that, there could not have been a joint trial for all of them even if that could have been thought to be more reasonable way of proceeding against the appellant. The fact that the first two Sessions Trials ended in a conviction in January 1962 on commitments made sometime in 1961 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of imprisonment when the law has itself laid down the extent up to which a sentence can be inflicted for a certain offence and has left discretion to the Court to adjust the sentence according to the circumstances of each case. We need not detail the circumstances of these cases, but would simply note that they do not justify taking any lenient view about the sentences for the offences committed by the appellant who held a very responsible position as Sarpanch of the Societies and as such had to deal with the proper disbursement of public money for the purposes of public benefit. He miserably failed in discharging these duties in the manner expected of him. A deterrent sentence is always essential so that others in such responsible Positio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
