A NANJUNDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Criminal Revision is directed against the Judgment of Conviction, dated 10.02.2005 made in C.A.No.70 of 2002 on the file of the Additional Sessions Judge, Dharmapuri, confirming the conviction and sentence imposed in C.C.No.206 of 1991, dated 10.12.2002 on the file of the Judicial Magistrate, Palacode.

(2.) THE brief facts of the prosecution case is as follows : THE petitioner / accused was working as Clerk in Jackasamuthiram Primary Co-operative Bank during the period 23.12.1987 to 30.06.1988. While so, he has collected a total sum of Rs.81,761.28/- from various persons, including the members of the Co-operative Bank, but fail to deposit the same in the Bank account and thereby committed criminal breach of trust, punishable under Section 408 IPC and also the offence by falsification of accounts, punishable under Section 477 A IPC. In support of the prosecution case, 16 prosecution witnesses were examined, apart from marking Exs.P.1 to P.73. On the side of the revision petitioner / accused, 6 defence witnesses were also examined. THE trial court, considering the evidence and circumstances, held that the guilt against the revision petitioner / accused has been proved beyond reasonable doubt and accordingly, convicted and sentenced the petitioner / accused. Aggrieved by which, the revision petitioner / accused preferred appeal before the Sessions Court, Dharmapuri, by the impugned judgment, the appellate court confirmed the conviction and sentence imposed by the trial court.

(3.) ACCORDING to the learned counsel for the respondent, the trial court considering the evidence available on record, rightly convicted the petitioner / accused and the same has been confirmed by the appellate court. It is a well settled proposition of law that in a criminal revision, unless there is manifest error of law or perverse finding, leading to miscarriage of justice, this Court cannot interfere with the same.