MANAGER INDIAN OVERSES BANK Vs. K MANI

JUDGEMENT

(1.) The Manager, Indian Overseas Bank, Tirupati, Chittoor District has come up in this revision against the order of acquittal passed by the learned II Additional Sessions Judge, Tirupati in Criminal Appeal No. 10 of 1994 dated 29-11-1999 wherein the accused was acquitted for the offence u/Sec. 381 IPC. The said appeal was filed by the accused against the conviction and sentence of two years rigorous imprisonment and to pay a fine of Rs. 2,000/-, in default, to undergo simple imprisonment for four months, passed in C.C.279 of 1985 on the file of II Additional Judicial First Class Magistrate, Tirupathi dated 14-2-1994.

(2.) The brief facts that are necessary for the disposal of the case may be depicted as follows: The accused herein was working as a Messenger in Indian Overseas Bank, Tirupati Branch by the date of incident. On 29-5-1985 there was no cash transaction. On 28-6-1985 the cash transactions were closed at 4.30 p.m. On the same day the closing balance was Rs. 56,000/-. On 1-7-1985 P.W. 4 along with P.W. 1 opened the Strong Room wherein an Iron Safe was kept for keeping the cash. On verification they found Rs. 60,000/- in 50 rupee denominations and Rs. 10,000/- in 100 rupee denominations missing. Then P.W. 1 lodged Ex.P-1 report with P.W. 13, who registered a case against P. Ws. 4 and 5 under Section 409 IPC. P.W. 14 took up investigation and arrested the accused on 23-8-1985 at 5 a.m. and seized M.O. 14 from his possession. In pursuance of his confession, the accused took the police and the mediators to his house and the police seized M.Os. 6 to 12. From the Iron Safe the accused took out M.Os. 13, 14 and 15, which are the currency bundles and they were seized. The police also seized M.Os. 18 to 39 under a cover of seizure report. The police also seized the duplicate key of the Iron Safe and the accused took the police and the mediators to the Bank and opened the Iron Safe with M.Os. 16 and 17, which are the duplicate keys. Ex.P-19 was scribed at that place and after completion of investigation, P.W. 14 filed the charge-sheet.

(3.) A charge under Section 381 IPC was framed against the accused and when it was explained to him in Telugu, he pleaded not guilty.