STATE OF KERALA Vs. VASUDEVAN NAMBOODIRI

JUDGEMENT

(1.) The appeal is filed by the State against the judgment in CC 390 of 1980 of the Judicial Magistrate of the First Class, Chengannur acquitting the accused. Respondent (A1) along with A2 were charged under S.409 read with S.34 of the Indian Penal Code.

(2.) The prosecution case is that A1 took charge as melsanthi of Sree Vallabha Temple, Thiruvalla on 13/11/1978 while the second accused was already working as melsanthi, that they were entrusted with valuable articles viz., 'Thirumukham' made of gold weighing 322 Gms and 500 M. Gms, a silver chain 2 pieces of golden bangles and one 'Copy' made of gold weighing 2 cm with total value of Rs. 29,900/- and that they misappropriated the same during 14/11/1978 and 18/02/1979.

(3.) It was PW 1 who gave the first information statement before the Police. He is the manager of the temple. PW 1 deposed that the temple was under his supervision, that the 'Thirumukham' and other valuable articles were entrusted to the accused and that they misappropriated the same. PW 2 stated that A1 took charge as melsanti on 13/11/1978. According to him, "Thirumugham" and other valuable articles were entrusted to A1 and A2 as per records.