SAKHARAM PANDUSA TAPSI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Joshi, Advocate for the applicant and Mr. Kakde, A.P.P., for respondent.

(2.) By this revision application under Section 397, Cr PC the applicant is challenging the order passed by Second Ad hoc Additional Sessions Judge, Akola in Criminal Appeal No. 7/2000, by which he maintained the judgment of conviction and sentence dated 31-1-2000 passed by Chief Judicial Magistrate, Akola in Criminal Case No. 529/1998, by which the accused was found guilty of the offence punishable under Section 409 of I.P.C. and he was sentenced to suffer R. I. for six months and to pay a fine of Rs. 1000/- and in default of payment of fine to suffer further R. I. for one month.

(3.) Facts leading to this revision can briefly be stated thus. The applicant was working as Sub Post Master at village Kothali, Tahsil and Police Station Barshitakli. One Vishwambhar Phirke who was the Inspector of Post Offices in Akola District after noticing the fact that accused had collected various amounts from the depositors and did not credit the same in the post office, had lodged a report to the Police Station, Barshi Takli on 14-2-1994 alleging that accused had accepted Rs. 6000/- from one Ananda Shivram, Rs. 1000/- from Laxman Kondaji, Rs. 100/- from Tukaram, Rs. 1500/- from Shantaram and Rs. 1800/- from Vasanta, in all 10400/- and passed receipts to them, however, he did not make the relevant entries in the saving passbooks in the post office and thereby he misappropriated the said amount. The Police Authorities carried the investigation and filed the charge sheet against the applicant in the Court of Judicial Magistrate, First Class, Barshitakli, the proceedings in turn were transferred to the Court of Chief Judicial Magistrate, Akola, as the alleged misappropriation was for the amount more than Rs. 2000/-. During the trial, when the applicant pleaded not guilty to the said charge, prosecution examined six witnesses and the accused applicant was convicted by the trial Court for the aforesaid offences and sentenced him to R. I. for six months and pay fine of Rs. 1000/-, in default to suffer R. I. for further one month.