STATE OF MAHARASHTRA Vs. MANDABAI ASHOK SAWANT

JUDGEMENT

(1.) The respondent was charged for the offence under section 409 of I.P.C. By Chief Judicial Magistrate, Thane in R.C.C. No. 66/1996. At the relevant time respondent was discharging her duties as Branch Post Master, Kausa, Dist. Thane. The Inspector at Divisional Office Thane- PW2 Uday Kumar Jadhav was called by Senior Superintendent of Post Office, Central Division, Thane on 10th November, 1995 alongwith Assistant Superintendent of Post Office. They were informed that money orders received by post office, Kausa were not accounted for and the matter requires investigation. The PW2 Jadhav alongwith PW3 Forgade visited Post Office, Kausa. The respondent was present there. The cash balance, stamps, money order forms, registers and other relevant record were verified. It was alleged that they did not find the stamp receipts which were to be issued to persons who deposited money for sending it by money order. They found one book of money orders and register having scored number of receipts. The PW1 Laxman Kamble, Vigilant Inspector filed complaint against the respondent on which FIR came to be registered. The Vigilance Inspector and PW2 found that certain record relating to receipt of money orders was lying in the house of respondent. The record was seized. It was attached under Panchnama. The Senior Officers of the postal department after verifying the entire record and taking into consideration the complaint lodged arrived at conclusion that respondent had misappropriated an amount of Rs.95,396/-. The police after investigation filed a chargesheet against the respondent.

(2.) Seven witnesses were examined by prosecution. From the record we have noticed that summons were issued to several witnesses but it is surprising to note that prosecution was unable to record evidence of witnesses particularly the persons who claimed that they had paid money for forwarding it by money order which amount did not reach the destination. It was alleged that money was misappropriated. A long list of 130 persons was cited. PW1 Laxman Kamble is the Complaint Inspector of post office who lodged the complaint. PW2 Udaykumar Jadhav is senior Superintendent of Post Office and PW3 Dyaneshwar Forgade who was working as Superintendent at Thane Central Division was also examined in support of prosecution case. PW4 Raghunath Walekar was serving as Postman at the relevant time. PW5 is Panch witness who did not support the prosecution. PW6 is Chhotelal Verma who is a sole witness from the list of 130 persons who had deposited money to be forwarded by money order. PW7 is the Investigating Officer.

(3.) The PW2 and PW3 being officers of the post office, Central Division, Thane have deposed before the Court that the entire record of the post office was verified and it was found that respondent no.2 was entrusted with an amount of Rs. 95,396/- pertaining to money orders. The receipt books were seized from the respondent's house. Respondent claimed ignorance about the entire transaction. Her defence was of denial. The witnesses further deposed before the Court that amount was not accounted for neither it reached persons in whose favour the amount was deposited by various persons with Branch Manager of the post office i.e. respondent. The PW5 who was examined as panch witness did not support the prosecution. In paragraph 2 of his deposition he stated: