IN RE : SUNDARARAJ Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the judgment of the Additional Sessions Judge, Ramanathapuram at Madurai in Crl. App. No. 22 of 1979, modifying the judgment of the Sub -Divisional Judicial Magistrate, Srivilli -puthur, in C.C. No. 45 of 1978 convicting the revision Petitioner first accused and the second accused under Sections 409, 477A, 467 and 471 read with 34 I.P.C., and sentenced the first accused to undergo R.I. for two years for each offence, and the second accused to undergo R.I.., for one year for each offence, the sentences to run concurrently.

(2.) THE brief facts as disclosed by the prosecution in their evidence are as follows: The revision Petitioner first accused was the President of Chathrapatti Co -operative Society, the second accused was its Manager and the third accused was its Secretary. On the complaint received from the Public, P.W. 1, the Deputy Registrar of Co -operative Societies under Section 65 of the Co -operative Societies Act directed P.W. 2 under Ex. P1 to conduct an enquiry. P.W. 2 submitted his report (Ex.P2). During his enquiry, he noticed that though a sum of Rs. 12,351.72 was remitted into the State Bank of India, Rajapalayam Branch as evidenced by Ex. P32 and remittance receipt, Ex. P9 the corresponding entry relating to the transaction (Ex. P11) in the cash Book (Ex. P10) was corrected as Rs. 13,351.72. Thus, the accused had committed the offence of misappropriation by falsifying the accounts. Thereupon, P.W. 1 gave a complaint Ex. P3 to the police. P.W. 6, the S.I. of Police registered a case and examined the witnesses. P.W. 7, the Inspector of Police laid the charge -sheet against the accused on 28th April, 1977 after completing the investigation.

(3.) THE learned Magistrate acquitted the third accused, but convicted accused 1 and 2 under Sections 409, 477A, 467 and 471 read with 34 I.P.C, and sentenced them as mentioned above. On appeal, the learned Additional Sessions Judge modified the conviction and sentence of the trial court and convicted accused 1 and 2 under Section 477A read with Section 34 I.P.C.? (two counts) and sentenced each of them to undergo imprisonment till the rising of the court and to pay a fine of Rs. 150 in default to undergo R.I., for 6 months under each count. Aggrieved by the said order, this revision is filed by the first accused.