STATE OF MAHARASHTRA Vs. DAJI JAITU SONGAL

JUDGEMENT

(1.) THIS is an appeal filed by the State against acquittal of the respondent (Original Accused) of the offence punishable under Section. 409 I.P.C. by the impugned Judgment under appeal dated 29th March, 1985 passed by Judicial Magistrate, First Class, Shahapur.

(2.) THE case of the prosecution is that at or about July 1976 to February, 1977 at Shahapur, the respondent was entrusted with an amount of Rs.6,473,01 ps. as the Manger (Vyasthapak of Adivasi Vasatigraha, Shahapur) which was given by Maharashtra State Government for the necessary expenses of the students of the said hostel and instead of using the said amount for given purpose, misappropriated the said amount and committed criminal breach of trust punishable under Section. 409 I.P.C.

(3.) P .W. 1 Shri P.R. Kulkarni was serving as Block Development Officer during the relevant time. The Zilla Parishad, Thane was running a boarding for Adivasi students at Shahapur under the control of Panchayat Samiti. According to P.W. 1, the accused was appointed as Honorary Superintendent of the Boarding. His duties were to look after day to day management of boarding and to prepare muster roll of students, to maintain books of accounts and distribute salaries to the employees of the boarding. The accused was required to submit report about the progress of the students. P.W. 1 Kulkarni also stated that on 18.02.1977, Deputy Chief Officer, Shri Patil visited the boarding along with other officers and they found that the boarding was closed. This evidence of Shri Kulkarni has been completely obliterated by the evidence of P.W. 2 and P.W. 3. P.W. 2 is Yamunabai Sitaram Jadhav who was serving in the boarding. She says that after Ganpati festival in 1976, hostel was not functioning. She says that she made statement Exh. 26 according to the direction of the Chief Officer and he has threatened her that unless she gives statement, she will be prosecuted. Actually she says Exh. 26 was written by the Chief Officer and he obtained her signature. Therefore, none of the materials contained in her statement can be relied upon. P.W. 2 further stated that Shri Kabadi, Taluka Master used to pay her salary. She also stated that Shri Kabadi, Taluka Master used to pay salary to Janakibai also.