NEELACANTA IYER VAIDYANATHA SARMA Vs. THE STATE

JUDGEMENT

(1.) THIS appeal is filed against the conviction of the appellant under Ss. 410, 469, 473 and 480, Travancore Penal Code, corresponding to Ss. 409, 487, 471 and 477A, Indian Penal Code, and S. 52 of the Indian Post Office Act, 6 of 1898, and the sentences of Imprisonment and fine passed on him in Sessions Case No. 12 of 1952 of the Nagercoil Sessions Court. The sentences passed on him are rigorous imprisonment for three years and a fine of Rs. 200/ - under S. 410 T.P.C., rigorous imprisonment for one year under S. 469, rigorous imprisonment for one year under S. 473, and rigorous imprisonment for six months under S. 480, T.P.C.

(2.) FROM 1947 to 1950 the appellant, who will hereafter be referred to as the accused, was a Post peon in the branch post office at Aramboly which is attached to the Nagercoil Sub -Post Office. On 7 -6 -1949, one Sankaran Chettiar sent from Colombo a telegraphic money order for Rs. 25/ - to his wife, P.W. 2, at Aramboly, and on receipt of the telegraphic advice a money order form was prepared in the Nagercoil Sub -Post Office and sent to Aramboly for delivery to P.W. 2.

(3.) WITH regard to the charge under S. 52, Indian Post Office Act, the learned Sessions Judge says in paragraph 13 of his judgment;