BALARAM SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of the High Court of Orissa made in Criminal Appeal No. 136/76 dismissing the appeal but modifying the sentence. The appellant took his trial under Sections 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act, 1947 and under Sections 467 and 477-A of the Indian Penal Code on the allegations that he had dishonestly and fraudulently misappropriated a sum of Rs. 3851.60, which amount was in his control in the capacity of a public servant, i.e. Cashier-cum-Accountant in the office of the District Veterinary Officer at Bolangir and that he had wilfully and with the intent to defraud altered and even mutilated the cash book (Ext. 4) and also had forged the said cash book with the intent to defraud the Government to the extent of the aforesaid amount.

(2.) The Trial Court accepting the case of the prosecution convicted the appellant under all the charges and sentenced him to rigorous imprisonment for a period of one year and to pay a fine of Rs. 3,900 / - in default to suffer rigorous imprisonment for one year under S. 5(2) of the Prevention of Corruption Act and also to undergo rigorous imprisonment for one year on each of the convictions under Sections 467 and 477-A of the Indian Penal Code respectively in addition to pay a fine of Rs. 200/-, in default to suffer imprisonment for a period of two months under Section 467, I. P. C.

(3.) On appeal, the High Court while confirming the judgment of the Trial Court in its entirety, reduced the fine amount from Rs.3,900/- to Rs.2,000/-, in default to undergo six months rigorous imprisonment for the conviction under Section 5(2) read with S. 5(1)(c). In other respects, the sentences awarded for the convictions under the other two charges were confirmed. Hence this appeal.