N NAGARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The unsuccessful petitioner in Crl. Appeal No. 1/88 before the learned Additional Sessions Judge, North Arcot at Vellore, aggrieved at his judgement in the above case dated 12-12-89 confirming the conviction and sentence passed by the Chief Judicial Magistrate, Krishnagiri in C. C. No. 145 of 1985 dated 9-2-1987 convicting revision petitioner who, is the fourth accused for the offences under Sections 409 read with 120(b), 409 and 477-A I.P.C. and consequently sentenced to undergo rigorous imprisonment for a period of three months on the first count, rigorous imprisonment for a period of two years with a fine of Rs. 500/- and in default to suffer rigorous imprisonment for a period of three months more on the second count and on the third count to undergo rigorous imprisonment for a period of one year, but all the sentences to run concurrently, which quantum of sentence was modified by the learned appellate Judge by setting aside the conviction and sentence for the offence under Section 409 read with 120(b) I.P.C. but however, for the offences under Sections 409 and 477-A I.P.C. he has modified the quantum of sentence of two years period as one for the period already undergone confirming the tine amount of Rs. 500/- under Section 409 I.P.C. but however, imposed a fine of Rs. 300/- and in default to undergo rigorous imprisonment for a period of three months under Section 477-A I.P.C.

(2.) PW-1 is the District Supply Officer, Dharampuri and PW-2 is the District Revenue Officer and Additional District Collector. Both inspected the godown of Civil Supplies Corporation at Krishnagiri on 19-12-1981, on information at about 7-45 p.m. The first accused was the superintendent of the said godown. They had inspected Ex. P.1 the delivery order, Exs. P.2 to P.5 the carbon copies of the said delivery order, Ex. P.6 the issue memo, Exs. P.7 to P. 10 its copies kept in the godown, along with Ex. P. 11 the delivery order with its copies Ex. P. 12 to P. 15 and issue memo and its copies Exs. P. 16 to P. 20. Having found two sets of delivery orders and memos with its explanation, they have verified the register Ex. P.25 and taken note of the entries relating to the distribution of the stocks as on 19-12-1981. However, they found that there was no entry with regard to the distribution of stock on 19-12-81, in Ex. P.25. During the said sojourn they found 9 tonnes of rice sent by Krishnagiri Co-operative Society in the Godown only in the name of the draft. They had visited the Krishnagiri Co-operative Society which was under the management and control of the fourth accused the revision petitioner herein.

(3.) When both the witnesses inspected the registers and records and accounts of the Krishnagiri Cooperative Sales Society and perused Ex.P. 29 and found there was an entry for receipt of 9 tones of rice dated 19-12-1981, but however, distributed 7 tones of boiled rice and a quantum of two tones of rice was balance standing as stock. It has been stated that they found that the quantum of 7000 kilos of rice has been distributed to Kakkanpuram Co-operative Society and dispatch was ascertained from the verification made in Ex. P. 29 the stock register of the Krishnagiri Co-operative Sales Society and it was found that 2000 kilos of balance rice was not available.