THANGAVEL Vs. STATE

JUDGEMENT

(1.) THE accused is the revision petitioner herein. THE revision is filed against the judgment dated 22.10.2007 made in C.A.No.92 of 2007 on the file of Additional District-cum-Sessions Judge, FTC, Vellore confirming the judgment of conviction dated 29.10.2007 made in C.C.No.1 of 2006 on the file of the Judicial Magistrate No.II, Vellore.

(2.) ACCORDING to the prosecution, the petitioner, who was the President of Perumanthangal Milk Producers Cooperative Society, along with the Special Officer-Balasubramaniam and the Secretary-Varadhan (deceased) who was arrayed as A1 to A3 misappropriated the society funds and other amounts on different occasions and thereby committed the acts constituting the offences punishable under sections 406 and 477A IPC. The prosecution, in order to prove the guilt of the accused examined the Deputy Registrar, Tiruvannamalai region, Joint Sub Registrar of Milk producers society, then Inspector of Police who registered and investigated the complaint and the Inspector of Police who filed the charge sheet, as PW1 to PW4 witnesses and produced Ex.P1 to Ex.P22 documents.

(3.) IT is contended by the learned counsel for the petitioner, that he being the President of the society during the relevant point of time is not empowered to deal with any financial matter and he is not entrusted with any money and he is not responsible for the maintenance of the documents and accounts and all the duties relating to the matters referred to above are entrusted with the Secretary of the society, since deceased and in the absence of any entrustment of the money or accounts with the petitioner, the question of holding him guilty of any offence for any act of criminal misappropriation by converting the society money for his own use does not at all arise.