CHERIAN ARAKKAMANNIL KIZHAKKETHIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 409 and 477A I.P.C in C.C No.150/1996 of the Judicial First Class Magistrate Court, Ranny. He is the former Secretary of the Naranamoozhy Service Co-operative Bank in Pathanamthitta District. He faced prosecution on the allegation that while functioning as Secretary of the Co-operative Bank, he misappropriated a sum of 42,101.25/- from the funds of the Society and utilised it for his purposes. This misappropriation was detected on audit, but by that time, he hjad remitted the amount in the account. However, a crime was registered against him on the allegation of misappropriation, and the Police submitted final report in court after investigation under Sections 409 and 477(A) I.P.C. The cashier of the co-operative Bank was also arraigned as accused, and final report was filed by the Police against the Secretary and the Cashier. The two accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against them. The prosecution examined 11 witnesses and proved Exts.P1 to P27 documents in the trial court. The accused did not adduce any evidence in defence.

(2.) On an appreciation of the evidence, the trial court found the 2nd accused not guilty, and accordingly he was acquitted. But, the 1st accused was found guilty. On conviction, he was sentenced to undergo simple imprisonment for one year under Section 409 I.P.C and to undergo simple imprisonment for six months under Section 477(A) I.P.C.

(3.) Aggrieved by the judgment of conviction dated 13.3.2000, the 1st accused approached the Court of Session, Pathanamthitta with Crl.A No.80/2000. In appeal, the learned Additional Sessions Judge (Adhoc- I), Pathanamthitta confirmed the conviction and sentence and accordingly dismissed the appeal.