STATE Vs. CHELOOR MANAKKAL NARAYANAN ITTIRAVI NAMBOODIRI

JUDGEMENT

(1.) This appeal is brought on behalf of the State from the order of acquittal made by the Special First Class Magistrate of Trichur in C.C. No. 1/1125. There were three accused persons who were tried by the Magistrate. They were Ittiravi Namboodiri, T.A. Ramachandra Iyer and Kesavan Nambudiri. The first two were joint receivers of the Sitaram Spinning and Weaving Mills Ltd., Trichur appointed by the High Court of Cochin in O.S. 2/1123 with effect from 2.7.1123 M.E. The third accused is a nephew of the first accused. In the charge framed by the Magistrate accused 1 and 2 were alleged to have committed the offence of criminal breach of trust by public servants under S. 389 of the Cochin Penal Code corresponding to S. 409 of the Indian Penal Code. The third accused was alleged to have abetted the commission of this offence by accused 1 and 2 and to have been present when the offence was committed by them. He was, therefore, charged under Ss. 389 and 109 of the Cochin Penal Code corresponding to Ss. 409 and 114 of the Indian Code. After hearing the evidence placed before him the Magistrate found that the accused were not guilty and he accordingly acquitted them under S. 234(c) of the Cochin Criminal Procedure Code. The learned Advocate General argues that this acquittal is illegal and incorrect and calls for interference by the High Court.

(2.) The case against the accused was originally taken cognisance of by the District Magistrate of Trichur who examined PW 1 in part and then transferred the case to the Special First Class Magistrate. From a perusal of the judgment of the Special First Class Magistrate, it would be evident that he had no experience in trying criminal cases. We are told that he was a Sub Registrar before becoming a Magistrate. In any event he does not deserve to be congratulated for writing the judgment from which this appeal is brought. We should in this connection wish to record our appreciation of the able manner in which the appeal was argued before us both by the learned Advocate General on behalf of the State and the learned counsel who appeared for the three accused who placed before us a clear analysis of the evidence in support of the respective contentions urged by them.

(3.) The case for the prosecution in the Trial Court was that while accused 1 and 2 were functioning as joint receivers appointed by the Cochin High Court of the Sitaram Spinning and Weaving Mills Ltd., Trichur (which will hereinafter be referred to as the Mills) the first accused received from Pw. 1 N.S. Vaidyanatha Iyer Rs. 23,100 in excess of the price of one hundred bales of cloth which he had allotted to him from the Mills and that he dishonestly misappropriated the same without entering it in the receivers accounts and thereby committed the offence of criminal breach of trust by a public servant. The second accused who was joint receiver is said to have participated in the same and the third accused is alleged to have abetted the first accused in the commission of this offence.