KANDIPALLI MADHAVARAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard learned Senior Counsel appearing for the petitioner/accused and also the learned Public Prosecutor appearing for the State.

(2.) This revision is filed against the conviction and sentence of the petitioner/accused of the offence under Section 477-A IPC. The petitioner was tried by the trial Court for the offences under Sections 408, 420, 468, 471 and 477-A IPC. The trial Court while acquitting him of the offence under Section 408 IPC, convicted him of the offences under Sections 420, 468, 471 and 477-A IPC and passed different sentences. In appeal by the petitioner, the appellate Court acquitted him of the offences under Sections 420, 468 and 471 IPC, but confirmed the conviction for the offence under Section 477-A IPC passed by the trial Court sentencing the petitioner to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for one month.

(3.) The facts, which gave rise to this prosecution, were that it was alleged that the petitioner was a Government servant and working as a Senior Assistant at Rani Chandramathi Devi Hospital, Visakhapatnam from the year 1985. P.W.1, Dr.C.Laxminarayana, was the Superintendent of the Hospital at the relevant point of time. The petitioner put up a bill for Rs.73,054/- on 14-02-1991 before P.W.1, obtained his signatures and presented the same bill before the District Treasury, Visakhapatnam. The treasury authorities raised objections and enquired from the Superintendent whether the bill sought to be encashed was entered in the relevant books. On verification, it was found that two bills encashed were not found in the relevant registers. Therefore, the petitioner was served with a memo to handover the cash of Rs.73,054/-. The petitioner paid the amount and it was remitted to the treasury. The amount had been drawn by the petitioner as if it had to be paid to three retired employees. P.W.1 gave a report to the Audit party and the Audit party verified the records of the Hospital and found that an amount of Rs.6,39,066.10 ps had been misappropriated by the petitioner by drawing on several occasions.