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Accused - petitioners Ram Chander and Paras Ram (herein referred as `petitioners') through the instant petition have challenged the judgment dated 20.08.2001 passed by Additional Sessions Judge, Sonepat, dismissing their appeal against the judgment dated 25.11.2000 passed by Chief Judicial Magistrate, Sonepat convicting and sentencing both the petitioners as under:-

U/s 409 IPC To undergo rigorous imprisonment for one year and to pay fine of Rs.200/-, each;

U/s 468 IPC To undergo rigorous imprisonment for six months and to pay fine of Rs.200/-, each;

U/s 471 IPC To undergo rigorous imprisonment for three months and to pay fine of Rs.200/-, each;

However, the other accused, namely; Mahender and Daya Nand were acquitted by the Appellate Court.

Briefly stated, the case of the prosecution is that all the four accused, as referred to above, passed resolution dated 15.6.1988 to withdraw Rs.1000/- from the Panchayat funds and initiate action to get Maha Singh evicted from the panchayat land, which amount was withdrawn from the Sonepat Central Co-operative Bank vide cheque No.30584 on 24.6.1988, but they instead of initiating action against said Maha Singh embezzled the amount. The accused Ram Chander, Daya Nand and Mahender Singh were Sarpanch and Members Panchayat, respectively whereas, fourth accused, namely Paras Ram was Gram Sachiv at the relevant time. Though, coram of four Panchayat Members is required to pass such resolution, but the aforesaid three Members held the meeting and forged the thumb impression of Shri Kali Ram, as fourth Member Panchayat, who was actually not present in the meeting when the resolution was passed. Kali Ram submitted an affidavit in this regard before the Deputy Commissioner, Sonepat. Since the money was withdrawn from the bank on the advice of Paras Ram, Gram Sachiv, therefore, he was also made an accused.

With the above modification, the petition is dismissed. Copy of this order be sent to Chief Judicial Magistrate, Sonepat for compliance.

October 11, 2010                                ( A.N.JINDAL )
`gian'                                              JUDGE