LAWS(APH)-2015-4-113

S CHAKRAPANI Vs. STATE OF A P

Decided On April 29, 2015
S Chakrapani Appellant
V/S
STATE OF A P Respondents

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner/accused challenging the judgment dated 09.07.2008, passed by the learned III Additional Sessions Judge, Tirupati, in Criminal Appeal No.143 of 2005, whereunder and whereby the conviction and sentence passed against the revision petitioner for the offence punishable under Section 408 of the Indian Penal Code, 1860 (for short 'IPC'), vide judgment dated 07.06.2005 in C.C.No.28 of 2002 by the II Additional Judicial Magistrate of I Class, Tirupati, were confirmed.

(2.) THE revision petitioner herein is the accused and the respondent herein is the complainant in C.C.No.28 of 2002 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C. before the trial Court.

(3.) THE case of the prosecution is brief is that the accused was working as unobserved N.M.R. Assistant on the time scale in Health Office, TTD, Tirumala, whereas PW1, the de facto complainant, is working as Health Officer in the same office. PW1, being the Health Officer, purchases pesticide medicine for preventing malaria. For that purpose, PW1 used to depute some of the staff members to Chennai for purchasing medicine which is called as malaria oil from Indian Oil Corporation, Chennai. During the course of time, in the year 2000, PW2, who was working as Field Assistant in the Malaria Department, TTD, Tirumala, has handed over a demand draft for Rs.1,47,137/ - and cash of Rs.15,000/ - to PW3 another Field Assistant for purchase of malaria oil at Chennai. Accordingly, PW3 took the demand draft and cash of Rs.15,000/ - from PW2 and went to Chennai, but he was informed that the rate has been increased and the amount carried by him was not sufficient to purchase malaria oil. Therefore, PW3 returned back and handed over the demand draft and cash of Rs.15,000/ - to PW2. Later on, as per the instructions of the then Office Superintendent P.Subrahmanyan, A.A.O., Audit Office, TTD, Tirupati (LW7), PW2 handed over the demand draft and cash of Rs.15,000/ - to the accused after obtaining a receipt for the same under Ex.P.2. As per the procedure, the accused has to credit cash of Rs.15,000/ - and the demand draft by way of challan to the TTD account, Tirupati. But, the cash of Rs.15,000/ - was not remitted to the TTD account by the accused as per the procedure. The said transaction did not come to the notice of PW1 since the Superintendent concerned was looking after the wing in the absence of regular Senior Assistant who was on long leave and further there was no Assistant Executive Officer at that time since the post fell vacant on account of retirement of one N.Jayarao and it was not filled up. During the verification of office records, PW4 O.S.D. found that the accused failed to remit the cash of Rs.15,000/ - to the TTD account in Andhra Bank. Thereafter, the said fact was informed to PW1 by PW4. Accordingly, PW1 called for the accounts and also summoned PW5 Junior Assistant, Health Office, TTD, Tirumala, who in turn showed the challan pertaining to Rs.1,47,137/ - to PW1 and submitted that there is no challan for cash of Rs.15,000/ -. Then, the matter was brought to the notice of PW1 through PW4. Thus, the accused was found to have misappropriated the TTD funds of Rs.15,000/ - when the said amount was entrusted to him as a Government servant for remitting the same to the TTD account. Further, the accused failed to produce the challan to the TTD authorities and on the other hand started abstaining from attending the duties from then onwards. Therefore, after obtaining the directions from the Executive Officer, TTD, PW1 lodged a complaint before the Deputy Superintendent of Police, Tirumala for taking necessary criminal action against the accused. After receiving the complaint from the DSP Office, Tirumala, PW6 S.I. of Police, registered the same as a case in Crime No.187 of 2001. Then, PW6 took the investigation, examined the witnesses and recorded their statements. Further, on 27.11.2001, the accused was arrested and forwarded before the Court for judicial remand. After completion of investigation, PW6 filed the Charge sheet into the Court.