R. VINAYAGAMURTHY (IN BOTH APPEALS) Vs. THE STATE

JUDGEMENT

(1.) These two criminal appeals are arising out of a common judgment passed by the trial Court in C.C. Nos. 76 and 77 of 2001.

(2.) The appellant is one and the same in both the appeals. The nature of the allegation is also same in both the appeals. Since misappropriation runs between 1998 to 2000, for period of two years two cases had been registered against the appellant.

(3.) The charge against the appellant in C.C.No.76 of 2001, which is the subject matter of Crl.A.No.340 of 2008, is that the accused Vinayagamurthy being a public servant employed as Deputy Store Keeper (Samples) was in charge of receiving cash for selling of tender applications, Employees Sales, Test Charges etc., on behalf of the Integral Coach Factory (ICF), Perambur, Chennai between 204.1998 and 19.04.1999. The accused had collected a sum of Rs. 6,22,383/- as Deputy Store Keeper (Samples). Whereas, he has remitted only Rs. 5,98,820/-, as a result, shortage of Rs. 23,563/- had been misappropriated by him and thereby committed an offence under Section 409 IPC and being a public servant for misconduct and converted the money entrusted to him for his own use under Section 13(2) r/w 13(1)(c) of the Prevention of Corruption Act, 1988.