KESAVAMOORTHY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant R.K.Moorthy stands 'convicted by the learned Sessions Judge of Trivandrum under sections 409,467,471 and 477 -A of the Indian Penal Code and sentenced to a concurrent term of imprisonment for two years and also to pay a fine totalling Rs.200.The case against him was that he,while working as the Sub -Postmaster at the Thirumala Post Office,misappropriated a sum of Rs.1,749 lying to the credit of a Savings Bank Account at the Post Office.

(2.) ON 16th January 1964 P.W.2 G.Krishnan Nair holder of Savings Bank Account No.T.M.L.1010470 at Thirumala Post Office put in an application to withdraw a sum of Rs.200 from his account.He handed over the withdrawal application Ex.P -l 0 and his pass book Ex.P -4 which showed a credit balance of Rs.1,800 to P.W.5 the Savings Bank Clerk.After due formalities the application was allowed by P.W.3 the Sub -Postmaster and the sum Rs.200 together with the pass book duly written up was given back to the depositor.The next day as per Postal Rules,a list of transactions in the Savings Bank Department was sent to the G.P.O .,Trivandrum.When these transactions came to be posted in S.B.Ledger at the G.P.O.it was found that the balance to the credit of P.W.2 was only Rs.50.P.W.3 the Sub -Postmaster at Thirumala was contacted over the phone and it came to light that the balance according to the records at the Branch Office was Rs.1,800 and not Rs.50 as at the G.P.O.The ensuing investigation revealed that on 21st October 1963 the accused who was then Sub -Postmas­ter at Thirumala forged Ex.P -2 an application form for withdrawing Rs.1,749 purporting to have been made by P.W.2 and misappropriated the amount.It was also seen that he had sent to |the G.P.O.a list of transactions in the S.B.account with a false entry regarding the withdrawal and also made the necessary corrections in Ex.P -6 the S.B.Journal of the post office.On 9th January 1964 the accused gave a written confession of his defalcation to P.W.10 the Superintendent of Post Offices who was investigating the crime.On 10th January 1964 P.W.1 Inspector of Post Offices informed the police who after due investigation charge -sheeted the accused on 5th May 1964.

(3.) THE accused pleads not guilty.According to him he committed neither forgery nor misappropriation but was forced to give the confession by his superior officers who threatened to call in the police.