KISAN SINGH Vs. STATE OF BOMBAY

JUDGEMENT

(1.) THE appellant Kisansingh who is the Sar Panch of mouza Pipri, tahsil Warora, District Chanda, has been convicted by the Sessions Judge, Chanda, for offences of Criminal breach of trust under Section 409 of the Indian Penal Code in respect of five Money Orders received by him and also for committing forgery under Section 467 of the Indian Penal Code in respect of three Money Orders out of these five.

(2.) IT is common ground that one Y. N. Kamble who was the Head Master of the primary school at Pipri was working as the Branch Post Master at Pipri in addition to his duties as Head Master. After his transfer sometime in the year 1958, the appellant1 worked there as the Branch Post Master. No formal order appointing him as Branch Post Master was however issued till 31-8-1959 before which date the appellant had ceased to work as Branch Post Master. By virtue of this order the appellant was appointed to work as Branch Post Master retrospectively from 30-6-1957 to 6-11-1958 on a certain allowance.

(3.) ACCORDING to the prosecution, the appellant received several Money Orders during the time he was working as the Branch Post Master and out of them he misappropriated the amounts payable under the Money Orders dated 6-6-1958, 20-8-1958, 12-9-1958, 10-10-1958 and 22-9-1959. The first of these Money Orders was for Rs. 45. 7 np. and was payable to Rama Madho of Pipri , the second, third and fourth Money Orders were for Rs. 82/- each and were payable to Y. N. Gawandu and the fifth Money Order was for Rs. 15. 18 np. and was payable to Dewaji Withu Parodhe The appellant is also said to have forged the signatures of the payees of these Money Orders for facilitating the misappropriation of the amounts payable under these Money Orders.