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TMI Blog2022 (7) TMI 1455X X X X Extracts X X X X X X X X Extracts X X X X ..... n C.C. No.1589 of 2003. While convicting the appellant for the charges under Sections 409, 420, 409 read with Section 120-B and 420 read with Section 120B of the Indian Penal Code (in short 'IPC'), the Trial Court sentenced them to undergo rigorous imprisonment of 04 years, 07 years, 01 year and 02 years respectively along with fine of Rs.10,000/-, Rs.50,000/-, Rs.1,000/- and Rs.2,000/- respectively. The Trial Court and the Appellate Court directed to serve the sentences one after the other. The High Court while allowing the Revision in part directed that sentences so awarded shall run concurrently. 3. The facts briefly put are that, one Ambika Prasad was the Director of the Company namely Revanchal Vitta and Commercial Vikas Limited Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 67, 468 read with Section 120-B of IPC and examined 24 prosecution witnesses. After detailed deliberation and considering the rival contentions of the parties, the Trial Court convicted the accused persons for the charges under Sections 409, 420, 409 read with 120-B and 420 read with 1203 B of IPC as the charges under Sections 467 and 468 of IPC have not been proved beyond reasonable doubt. Being aggrieved, the appellant and other co-accused challenged their conviction before Additional Sessions Judge, Dhamtari. The Appellate Court vide judgment dated 29.01.2005 dismissed the appeal and upheld the order of conviction and sentences as directed by the Trial Court. 5. Assailing the order passed by the Trial Court and the Appellate Court, app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s failed to prove that the amount which was deposited was misappropriated by the appellant for his own use. 7. Per contra, learned counsel for the respondent has argued to support the findings recorded in the impugned judgment and urged the findings of conviction concurrently recorded by the courts below are neither perverse nor against the law and do not warrant interference by this Court. It is said the ingredients for an offence under Sections 409 and 420 of the IPC have rightly been proved in the instant case by the courts below; the argument regarding conviction of Sections 409 and 420 of the IPC both being antithetical was never raised before the courts below, which cannot be permitted to raise at this stage. 8. Heard Mr. Awanish Ku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.e. as to whether the appellant got married with Smt Ranju Sarma, is a pure question of fact. All the three courts below have given concurrent finding regarding the factum of marriage and its validity. It has been held to be a valid marriage. It is a settled legal proposition that if the courts below have recorded the finding of fact, the question of re-appreciation of evidence by the third court does not arise unless it is found to be totally perverse. The higher court does not sit as a regular court of appeal. Its function is to ensure that law is being properly administered. Such a court cannot embark upon fruitless task of determining the issues by re-appreciating the evidence. 10. This Court would not ordinarily interfere with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n such sentence concurrently. In our considered opinion, the finding of fact as recorded by the Trial Court and the Appellate Court has rightly not been interfered while maintaining the conviction against the appellant. On the issue of sentence also the direction as issued by the High Court is in consonance with the provisions of Section 31 of Cr.P.C which confer full discretion to the Trial Court as well as Appellate Court to order the sentences to run concurrently in case of conviction for two or more offences. 11. In light of the above observation made, this Court in the case of Sunil Kumar @ Sudhir Kumar & Anr v. The State of Uttar Pradesh (Crl. Appeal 526 of 2021) relied upon the judgment of O.M. Cherian alias Thankachan v.State of Ke ..... X X X X Extracts X X X X X X X X Extracts X X X X
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