STATE Vs. K V NANJUNDAIAH

JUDGEMENT

(1.) ). BOTH- these appeals against acquittal arise as a result of the Trial court acquitting the accused. Placing reliance on the pronouncement of law in Raj Deo Sharma v State of Bihar, a common order is passed.

(2.) THE allegations against the accused-respondents related to charges under Section 409 read with Section 34 of the IPC in both the cases. In c. C. No. 535 of 1988 the occurrence was alleged to have taken place between 1-7-1976 to 30-6-1977 and the amount alleged to have been misappropriated was Rs. 13,020. 05/ -. In C. C. No 536 of 1988 the occurrence was alleged to have taken place between 1-7-1974 to 30-6-1975 and the amount alleged to have been misappropriated was Rs. 4,705. 09/ -. The Trial Court in both these cases held that the evidence of the auditor, main prosecution witness was examined-in-chief in part. The prosecution was not able to complete the Auditor's evidence in spite of granting sufficient time. The Trial Court further held that the charge against the accused persons was recorded on 12-1-1990. But till 23-1- 2001, the prosecution had not completed the evidence in spite of grant-ing 10 years time. Therefore, the Court closed the case on 23-1-2001 relying on the judgment of the Supreme Court in Raj Deo Sharma's case, supra. The Court also held that the evidence of the Auditor was the most important piece of evidence. In these circumstances, the Trial Court acquitted the accused in both the C. C. Nos. 535 and 536 of 1988. There is also a delay in filing both these appeals.

(3.) WE wonder whether any useful purpose will be served in remanding the matter to the Trial Court with respect to occurrence that took place, after nearly 25 years. We would like to state the law on the subject as pronounced by the Supreme Court. The maximum sentence prescribed under the statute for an offence under Section 409 of the IPC is imprisonment for life. The Supreme Court in Raj Deo Sharma's case, supra, held at paragraph 16 (iii) with respect to an offence punishable with imprisonment for a period exceeding 7 years. Paragraph 16, clause (iii) reads as follows: