STATE Vs. K.MALATHI

JUDGEMENT

(1.) The accused/respondents herein, who were arrayed as A-1 and A-2, were charged and tried before the learned Judicial Magistrate No.II, Vellore, in C.C. No.209/04 for the offences u/s 120 (B), 409, 467, 471 and 477 (A) IPC and the prosecution, having not proved the case as against the accused beyond reasonable doubt, the trial court acquitted the accused. The State, aggrieved by the said order of acquittal of the accused/respondents herein, by the learned Judicial Magistrate No.II, Vellore, in C.C. No.209/04, vide order dated 06.06.06, has preferred the present appeal.

(2.) For the sake of convenience, the accused/respondents herein will be referred to as A-1 and A-2.

(3.) The brief facts, necessary for disposal of this appeal, are as hereunder :- A-1 was a public servant, working as Postal Assistant in SLRS Sub Post Office (for short 'Post Office'), Karigiri, during the period 16.7.97 to 4.10.99. A-2 was working as Accountant Clerk in Sheblin Leprosy Hospital (for short 'Hospital'), Karigiri. A-2 was entrusted with the work of collecting the consultation charges from the out-patients and the amounts so collected were deposited in the Savings Bank Account No.2242646 of the Hospital, maintained at the Post Office. The deposits were made by way of pay-in slips with attached counterfoil. It is alleged by the prosecution that A-2 in connivance with one Udayan, who was the Sub Post-Master of the said Post Office, hatched a criminal conspiracy and in furtherance of the same, misappropriated a sum of Rs.6,54,371.35 from and out of the hospital collection by falsifying the Savings Bank account by manipulating the entries made in the pass book of the hospital and the ledger book maintained by the post office.