STATE OF MAHARASHTRA Vs. MADHUKAR SHANKAR PASTE

JUDGEMENT

(1.) The respondent accused Madhukar Shankar Paste was the Manager of the Sawantwadi Taluka Co-operative Agricultural Produce Sale and Purchase Society Ltd. (hereinafter called the (Society). He had been charged for misappropriating several items of amounts from the Society for different periods and there were three trials against him for three different periods. The trials were held simultaneously, though separately, and in all these three cases, he has been acquitted by the learned Additional Sessions Judge. Even though three separate trials were held, the witnesses examined were common though separate depositions of both witnesses were recorded in each case. The learned Judge has dealt with these cases separately by giving different judgments, but we find it convenient to deal with all the three cases in one judgment. The State filed three appeals against the respondent-accused in each of these three cases.

(2.) Criminal Appeal No. 285 of 1973 arises out of Sessions Trial No. 56 of 1972. In this trial he was charged with the commission of the offence under sections 408 and 477-A of the I.P.C. The misappropriation is alleged to have been made during the period 3rd May, 1967 and 1st July, 1967 and the misappropriation is said to be of two items : (1) item of Rs. 5,225,84 and (2) 158 bags of cement worth about Rs. 1,850.60. The total amount of misappropriation is said to be of the value of 7,076.44.

(3.) The accounts of this Society are maintained from 1st July to 30th June which is their financial year. On Jaitpal (P.W. 7) who was an auditor of the District Central Co-operative Bank, Ratnagiri and a Senior Officer audited the accounts of the Society on 15th November, 1967 and for the accounting year 1966-67, he found the discrepancy in the aforesaid two items which, according to him, were the misappropriations by the accused therefore, made report to the Chairman of the Society. It appears that Sawant, who was a Special Auditor, also audited the account of the Society and made his report on 20th October, 1969. The report was sent to the District Deputy Registrar of the Societies. On receipt of this report, the District Deputy Registrar directed Salvekar (P.W. 2) to file a complaint which he did on 17th August, 1970 at the Sawantwadi Police Station. On the basis of this complaint, investigation was taken by P.S.I. Ingale, who could not be examined in the case as he was dead by the date the trial commenced, and on the basis of the evidence produced before him, the Magistrate thought that if the accused was held guilty in the three case he would not be able to impose adequate punishment commensurate with the gravity of the offence and, therefore, he committed the three cases to the Court of Sessions, who ultimately tried these three cases against the accused and acquitted him in all these three cases.