SACHINDRA DAS Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application, under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order dated 09.12.2011, passed by learned Addl. Sessions Judge, Dharmanagar, North Tripura, in Criminal Appeal No.40(4)/2011 whereunder the learned Addl. Sessions Judge upheld the judgment and order of conviction and sentence, dated 31.10.2011, passed by learned Judicial Magistrate 1st Class, Kanchanpur, North Tripura in Case No.GR 130/2010 against accused-petitioner Sachindra Das, who was charged in the criminal trial for commission of offence punishable under Section 409 of IPC and learned Magistrate found him guilty of the charge and sentenced him to suffer R.I. for two years and to pay a fine of Rs.10,000/- in default of payment to suffer R.I. for one month.

(2.) Heard learned counsel, Mr. G.S.Bhattacharjee for the accused-petitioner and learned Addl. P.P., Mr. R.C.Debnath for the State-respondent.

(3.) Prosecution case is that the accused Sachindra Das was working as Branch Postmaster of Anandabazar Branch Post office. He was entrusted 5(five) cheques by the Chairman of Anandabazar Village Committee (P.W.8) and the Panchayat Secretary of the said Village Committee (P.W.22) to draw an amount of Rs.3,30,600/- from Tripura Gramin Bank, Dasda Branch to disburse the amount to the workers of NREGA (National Rural Employees Guarantee Act). On 17.06.2010, the accused Sachindra Das with police escort went to Dasda, obtained signature of Sub Postmaster of Dasda Sub Post Office (P.W.24) and thereafter encashed those cheques from Tripura Gramin Bank, Dasda Branch and collected cash amount of Rs.3,30,600/- from the Bank. The accused hired a vehicle while going to Dasda and the security personnel (P.W.12 and two other security persons) of Anandabazar SPO Camp accompanied the accused. While on way to Dasda and back, he stopped the vehicle and entered in a house and passed some time there and thereafter he came to Anandabazar Branch Post Office and disbursed Rs.24,000/- to some of the NREGA workers during 3:00 p.m. to 4:00 p.m. on 17.06.2010 and thereafter he stopped payment. P.W.3 was the Postman of the said Branch Post Office and P.W.7 was a person of Anandabazar Village Committee, attached with the accused to help in the disbursement of payment to the NREGA workers.