ASARAM KISHANRAO BHAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Advocate Shri Prashant deshmukh for the petitioner and learned APP Shri M. S. Indani for respondent State.

(2.) THE petitioner herein was prosecuted for having committed offence punishable under section 409 of Indian penal Code. Petitioner, at the relevant time, i. e. between 19-8-1982 to 4-9-1984 was Headmaster of Central Primary school at Panranjangaon. The said primary school was under the management of Zilla Parishad, Aurangabad. At the material time the petitioner received consolidated salary cheque on 4th of December, 1982, from Panchayat Samiti, paithan. The salary was for the month of November, 1982, to be paid in the month of December, 1982. It is prosecution case that accused misappropriated certain amount. Similarly, he did not pay the salary of rs. 660-20 to prosecution witness Shaikh Tajoddin. In the monthly pay bill of November, 1982, Ex. 20, there was no signature of co-teacher Shaikh Tajoddin on the revenue stamp. Shaikh Tajoddin asked accused as to why his salary was not paid. Accused replied that he would pay his salary afterwards. It is prosecution case that accused misappropriated the amount of Rs. 660-20 and, after considerable lapse of time, paid Rs. 660-20 to Shaikh tajoddin in instalments.

(3.) CHARGESHEET came to be filed after completion of the investigation. The prosecution led evidence. Learned judicial Magistrate, First Class, accepted the prosecution evidence and convicted the petitioner accused under section 409 of Indian Penal Code and sentenced him to suffer rigorous imprisonment for two years and to pay fine of Rs. 3,000/-; in default of payment of fine, to suffer simple imprisonment for four months.