P SUBRAMANIAM Vs. STATE

JUDGEMENT

(1.) COMMON Order These revision petitions have been preferred against the judgment in C. A. No. 143 & 144 of 2003 passed by the learned Additional Sessions judge, (FTC) Vellore , which had arise out of the judgment in C. C. No. 22 of 1997 on the file of the Judicial Magistrate NO. II, Vellore . A4 in c. C. No. 22/1997 is the appellant in C. A. No. 143 of 2003 and A2 in C. C. No. 22/1997 is the appellant in C. A. No. 144 of 2003. The accused-4 has been charged under section 409 r/w 34 IPC, u/s 477 (A) (5 counts), 47 (A) r/w 34 (4 counts) IPC and the accused-2 has been charged under Section 409 r/w 34, 477 (A) IPC, 477 (A) r/w 34 (8 counts) IPC.

(2.) BEFORE the trial Court P. W. 1 to P. W. 8 were examined and Ex. P. 1 to Ex. P. 65 were exhibited.

(3.) ACCORDING to P. W. 1, he was working as a day watchman of the Society from 1984 to 1985 and that he used to collect from the forest, forest products like Manipungai, Etty seeds etc. , and used to sell to the other society and that on 9. 6. 1987 he has not sold ten tones of manipungai to the society and that Ex. P. 1-receipt dated 9. 6. 1987 for the sale of 10 tones (200 bags of Manipungai) is not a genuine receipt and that he had not received rs. 20,000/- being the value of 200 bags of Manipungai under Ex. P. 1-receipt.