ZAINULABUDDIN Vs. STATE OF HYDERABAD

JUDGEMENT

(1.) THIS revision petition No. 23 of 1953-54 on behalf of Zainulabedeen is directed against the appellate order of Shri Nageshwari Pershad, Sessions Judge of Warangal, who affirmed the judgment of the Magistrate, First Class, Warangal convicting the petitioner of charges under Sections 409 and 477a, Indian Penal Code for criminal breach of trust and falsification of accounts and sentencing him to a term of rigorous imprisonment of one year on each count to run concurrently and also to a fine of Rs. 500/- for each offence in default of the payment of which he was to undergo further three months' rigorous imprisonment for each default.

(2.) ALONG with this revision, we have to deal with a reference made by the learned Sessions Judge recommending the enhancement of sentence in view of the gravity of the offences and for payment of compensation put of fine to the Postal Department. The revision and the reference will be governed by this judgment.

(3.) THE case for the prosecution as adumbrated in the clumsily worded indictment sheet was that the petitioner was the Sub-Post Master at Warangal and Summayya, accused No. 2 was the second clerk. It was alleged that the petitioner on 17-11-1951, instead of entering correct amounts of money orders paid, made a false entry of an excess amount of Rs. 4000/- in the relevant register and in accordance to the Head Office, which was signed by accused No. 2. The further allegation was that the petitioner again on 19-11-1951 made an incorrect excess entry of a sum amounting to Rs. 4999-15-9 in the relevant registers and showed the same amount in the daily statement of account. The third allegation related to a sum of 223/- of which accused No. 2 was found short when P. W. 1 checked the account on 26-11-1952. At the end of the challan, it was stated that both the accused had dishonestly misappropriated the sums and were severally and jointly responsible for it.