J.RADHAKRISHNA VADHYAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was charge -sheeted in C.C.401/2000 on the file of the Chief Judicial Magistrate, Pathanamthitta for having committed offence punishable under Section 409 r/w 34 IPC. The charge against him was that, while working under Kerala State Civil Supplies Corporation as Shop Manager -in -charge of Maveli store, Thonnipuzha, he misappropriated the articles entrusted to him for sale during the period from 28.12.97 to 15.01.98. The shortage for a sum of Rs.9546.38 was detected while conducting the stock verification and the articles entrusted to the revision petitioner for sale was appropriated for his own purpose and thereby sustained a loss of Rs.11,607.41 to the Corporation and committed the offence. On the basis of verification report prepared by Junior Manager of the Corporation, crime 179/98 was registered against three persons under Section 409, 465, 468 and 471 r/w 34 IPC. After completing investigation, three cases were charge -sheeted and those cases were tried jointly by the Chief Judicial Magistrate, Pathanamthitta.

(2.) During trial, prosecution examined PW1 to PW10 and marked Exts.P1 to P30 as documentary evidence.

(3.) Heard both sides. The learned counsel appearing for the revision petitioner contended that, prima facie no materials were produced to prove the alleged offence. No documentary evidence has been produced in the trial court to prove that, revision petitioner was entrusted with the property and he has dominion over the property.