(1.) Prabhu Dayal Sharma, Appellant herein, a postman in the Milkaganj Post Office, was tried in the court of Shri M.K. Chawla, Addl. Session Judge, on the charges under section 409 of the Indian Penal Code and section 52 of the Indian Post Office Act. The trial Judge found the accused guilty of the offences charged with and sentenced him to rigorous imprisonment for 4 years and a fine of Rs. 1000.00and in default of payment ' of fine to under go rigorous imprisonment for 6 months. The Judge further ordered that out of the fine, if realised, a sum of Rs. 968. 35P be paid to the Posts and Telegraphs Department. Against his conviction and sentence the accused has came in appeal.
(2.) On various dates in the month of April 1968, the appellant was entrusted with the following money order forms for disbursement :-
(3.) The money order forms were returned with the endorsements that the amounts had been paid to the payees.