UMA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the only accused in C.C. No. 10645 of 1986 on the file of the learned Additional Chief Metropolitan Magistrate, Egmore; Madras. She was prosecuted for an offence punishable under Section 408 I.P.C. and found guilty, convicted and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 100/- in default to undergo simple imprisonment for one week.

(2.) The prosecution has examined P.Ws. 1 to 5 and marked Exs. P.1 to P.125. The accused has not examined any witness nor marked any exhibits on her side.

(3.) The accused is alleged to have misappropriated a sum of Rs. 11,406.35 without depositing them into the Bank. The accused was an assessor in the Tamil Nadu Electricity Board at Cheput and she is alleged to have mis-appropriated the said amount collected by her from the consumers between 25.9.1984 and 11.6.1985. P.W. 1 called for an explanation from the accused. On 2.7.1986 the accused deposited a sum of Rs. 5,000/- in the office at Arumpakkam. P.W. 1 gave Ex. P.93 report on 9.7.1986. On 16.7.1986, the accused deposited a sum of Rs. 6,436.35/- in the office at Arumpakkam under Ex. P.94 and P.95. Ex. P.96 arc the rules of the Tamil Nadu Electricity Board. On the report given by P.W. 1, P.W. 5 Central Crime Branch Inspector of Police registered a case in Cr. No. 715/86 under Section 408 I.P.C. against the accused. Ex. P.125 is the First Information Report. P.W. 5 examined P.W. 1, and recorded a statement and also examined P.Ws. 2 and 3 on 20.9.1986 and recorded a statement. On 22.9.1986 at 11.30 a.m. he seized the account books in connection with the misappropriation done by the accused and those account books are Exs. P.20, P. 97 to Ex. P.116, Exs. P.117 to P.119 and Exs. P.120 to P.123. The Sub Inspector of Police, prepared a mahzar under Ex. P. 124 in which P.W. 4, Srinivasan had attested. P.W. 5 produced the account books before the lower court and she filed the charge sheet on 8.10.1986.