STATE Vs. SUBRAMANIAN

JUDGEMENT

(1.) The above appeal by the State is directed against the judgment of the Judicial First Class Magistrate, Myladuthurai in C.C. 180 of 1981 convicting the respondent herein for an offence under S. 406, I.P.C. instead of under S. 409, I.P.C. holding that the respondent, who is the President of the Co-operative Agricultural Credit Society, is not a Public Servant under the I.P.C.

(2.) The respondent and another were tried by the above court for an offence under S. 409, I.P.C. in that the respondent, being the President and his co-accused since acquitted, being the Secretary to the Anathandavapuram Co-operative Agricultural Credit Society and being public servants and being entrusted in that capacity with the sum of Rs. 8826-40 criminally misappropriated the same.

(3.) During trial, on behalf of the prosecution P.Ws. 1 to 6 were examined and Exs. P. 1 to P. 20 were marked. The respondent and his co-accused denied the occurrence. They had no evidence to offer.