STATE Vs. SHAIKH DADAN

JUDGEMENT

(1.) These are nine appeals by the State against the judgment acquitting the accused, Shaik Dadan, of an offence under Section 409 I, P.C. Appeals Nos. 152/5 of 1956, 151 of 1956, 169/56 and 167/56 are from the judgment of acquittal of the Munsif-Magistrate Warangal. Criminal Appeals Nos. 116/56 and 168/56 are from the judgment of acquittal by the Add], Munsif Magistrate, Warangal, while appeals Nos. 184/56, 192/56 and 147/56 are from the judgment of acquittal by the Sessions Judge, Warangal, in appeals Nos. 175/6/55, 174/0/ 55 and 169/6/55 from from a judgment of the Spl, Magistrate, Warangal who had convicted the accused of offences under Sections 409 I.P.C. and 477-A I.P.C. and sentenced him t'3 six months' R.I. and a fine of Rs. 1000/- and in default to undergo a further period of R. I. for six months.

(2.) Besides these there are nine revisions Nos. 844, 845, 332, 493 to 49(5, 506 and 507 of 1956 filed by the accused, Shaik Dadan, against the judgment of the Sessions Judge, Warangal, who had dismissed the appeals and confirmed the convictions and sentence by the Munsif. Magistrate and Add).. Munsif Magistrate, and Spl. Magistrate, Warangal. In the first two revisions the accused wag sentenced to two years R. I. under Section 409 and two years under Section 477-A and a fine of Rs. 1,0007-on each count and in default of payment of each fine to undergo further imprisonment of six months.

(3.) The accused was a Khirdi Naviz and Sarbharahi clerk. of the Tehsil Office of Warangal, whose duty it was to receive revenue from the villagers, gives receipts, enter the same in the accounts and send the money to the bank. It was alleged by the prosecution in all these cases that when the revenues were paid by the various villagers he made false entries in the Khirdi of the Tehsil and other papers embezzling various sums of money at different times by either not crediting them into the bank or making entries regarding false expenditure and consequently he Was prosecuted under Sections 409 and 477-A J..F.C and cases were filed with respect to acts pertaining to each or several of the villagers.