KRISHNAN Vs. STATE

JUDGEMENT

(1.) The revision petitioner was the accused in CC No. 111 of 2003 on the file of the Chief Judicial Magistrate Court, Kalpetta and the appellant in Crl. Appeal No.7 of 2007 on the file of the Additional Sessions Court (Adhoc)-II, Kalpetta.

(2.) By the judgment dated 23.12.2006, the learned magistrate convicted and sentenced the accused to undergo simple imprisonment for one year for the offence punishable under Section 409 of the Indian Penal Code (hereinafter referred to as, " IPC "). Challenging the conviction and sentence, the revision petitioner/accused filed Crl. Appeal No. 7 of 2007 before the Additional Sessions Court (Adhoc)-II, Kalpetta. The learned Sessions Judge confirmed the conviction, but at the same time, the sentence was reduced to simple imprisonment for one month. Feeling aggrieved, the revision petitioner/accused is before this Court in revision.

(3.) The prosecution case, in brief, is as hereunder: The accused was working as Postmaster of Sub Post Office, Panamaram in Mananthavady Taluk on 06.02.1999. PW6, P.R.Sahasranaman, had Postal Life Insurance account in the above post office. On 06.02.1999, he had paid an amount of Rs.388/- as monthly premium, which was received by the accused in his capacity as a public servant in the post office. The accused failed to account the aforesaid amount and thereby he misappropriated Rs.388/-, which is punishable under Section 409 of the IPC.