MANOHARDAJI PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant who was has been found guilty and convicted for offence under sections 467, 468 and 471 read with section 467 and section 420 of the Indian Penal Code by the learned Sessions Judge, Greater Bombay, by his order dated February 19, 1973 had come in appeal. The learned Sessions Judge sentenced him to suffer rigorous imporisonment for 3.5 years and the fine of Rs. 225/ and in default of payment to further rigorous imprisonment for 6 months on the first charge under Sec. 167. On the second charge under section 468, he has been sentenced to suffer rigorous imprisonment for 3 years and the fine of Rs. 225; and in default of payment to further rigorous imprisonment for 6 month. On the third charge under section 471 read with sec. 467, he has been sentenced to suffer rigorous imprisonment for 3 years and the fine of Rs 225/ and in default of payment to further rigorous imprisonment for 6 months. On the last charge under section 420, he has been sentenced to suffer rigorous imprisonment for 2.25 years and the fine of Rs. 154-40 & in default of payment to further rigorous imprisonment for 6 months. The learned Sessions Judge directed the sentences to rus concurrently and also passed an order that if the fines are recoverd, they should be paid to Jacob Circle Post Office, Bombay.

(2.) The facts, which led to the prosecution of the accused, in so far as they are material are few and may be stated these. The complainant, Keshav Rajaram Pawar, p. w. I was working in the New Great Mills at Bycully from 1964 to March 1968. There after he joined the Mordern Mills at Jacob Circle, during the time he was in the employment of new Great Mills monthly payments were made from the salary towards his provident fund, After he joined the Modem Mills, he made an application to the provident Fund Commissioner for transfer of his amount to the Modern Mills. This application was made by him on Jaunary 29, 1969. As he did not hear anything in the matter, on April 20, 1969, he went to the office of the Provident Fund Commissioner to make inquires regarding his application; He contacted the clerk to whom he submitted the application with the help of the accused who was known to me, the accused was also working as a clerk in the Provident Fund Office and was known to the complainant Keshav since a few days prior to this date He, therefore, had first approached the accused and then the accused had taken him to the cltrk to whom the application were submitted by him On the information supplied by the clerk the accused told him, that the provident Fund amount had already been remitted by Provident Fund Office to his residence by money order. Thereafter the complainant accompanied by the accused went to the Post Office, which was situate below the office of the Provident Fund Commissioner. There also the accused made inquiries and told the complainant that the money order had been received by that Post Office to the complainant in due coure. On May 1, 1969 at about 8 30 a. m the accused came to the resident of the complainant and suggested to him that boto of them should go to the Jacob Circle Post Office and make inquiry about the money order. Both of trem therefore started walking towards the Post Office, on the way they met a person who was known to the accused and was employed as packer in the post office below the office of the Provident Fund Commissioner. All of them proceeded to the Jacob Circle Post Office, The accused asked a post man there as to whether the post office had received the complainant's money order. Possibly being told that it has not till then be received, they left the post office. The next day i.e. May 2, 1969 at about 9-30 a. m. the complainant went to the Post Office. He contacted a postman by name Donmic Alex Rodrigues who has been examined as prosecution Witness No. 2 & made inquiries about the money order. Rodrigues told him that one person who had mentioned the complainant's name had taken away the money order from him on the previous day. The complainant contacted the post Master in the matter. However, as he found that nothing was done, on May 4, 1969. he lodged his complaint to the police. It is the ease of the prosecution that on May 1, 1969, the accused signed the money order receipt in English in the name of the complainant as K.R. Pawar and took away the amount of money order of Rs. 829-40 which really belonged to the complainant. During the course of the investigation the specimen handwriting of the accused were obtained by the police and they were sent along with the money order receipt Exh. 4 to the handwriting expert for his opinion. The handwriting expert Nandkumar Ramehandra Parikb, P. W. 5 after a detailed examination of the disputaed handwriting with the specimen handwriting obtained from the accused, came to the conclusion that the disputed hand writing on the money order receipt Exh. 4 was the of same person who had written the specimen handwritings which were sent to him for comparison and opinion After completing the investigation the accused was charge sheeted by the police for the aforesaid offences in receipt of the money order receipt Exh. 4 which according to the prosecution was actually signed by the accused and the money was taken by him from the Post office.

(3.) The learned Sessions Judge believed the prosecution witnesses and in particular the evidence of the complainant, Keshav Rajaram Pawar, postman Donmic Alex Rodrigues and the handwriting expert Nandkumar Ramchandra Parikh and found the accused guilty of the charges.