G JAYAPAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS revision has been preferred against the judgment in c. A. NO. 61 of 2004 on the file of the Principal Sessions Judge, Vellore , which had arisen out of the judgment in C. C. No. 221 of 2004 on the file of the Judicial Magistrate No. II, Tirupathur. The accused, who is a Masalchi of the Court of Judicial Magistrate No. IV, tirupathur, is the revision petitioner herein, who has been charged under Section 457 (ii) and 380 IPC for having committed theft of Rs. 5,000/-, being the fine amount collected and kept in the Court of Judicial Magistrate on 27. 9. 2001.

(2.) AFTER taking cognizance of the offence, the learned judicial Magistrate has issued summons to the accused and on his appearance, furnished copies under Section207 Cr. P. C, and when charges under Section 457 (ii) and 380 IPC were framed and questioned, the accused pleaded not guilty.

(3.) P. W. 2 is the then Judicial Magistrate No. IV, tirupathur. According to him, when he came to the Court on 28. 9. 2001 at about 10. 15 am, P. W. 1, Head Clerk, made a complaint to him that the masalchi, who was the night watchman of the previous day in the Court, had committed theft of rs. 5,000/- and he (P. W. 1) had recovered the same from the accused and that he (P. W. 2) has instructed the Head Clerk to deposit the amount immediately with the bank since it belongs to the Government and that in the complaint preferred by the Head Clerk, he had made an endorsement-Ex. P. 3.