JITENDRANATH BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is presented by the convicted accused/Appellant against the Judgment dated 18.11.2010 and the sentence dated 19.11.2010 passed by the Learned Judge Special 4th Court, Burdwan in special Case No.4 of 2006 convicting the present appellant for committing the offence under Section 409 of the Indian Penal Code and sentencing him to suffer simple imprisonment for three years and also to fine him of Rs.1000/- i.d. simple imprisonment for three months.

(2.) The case of the prosecution in brief is that the appellant was the Head Master of A.C,M. High School at Shibloon, Burdwan. On the basis of the First Information Report lodged by one Tapan Kumar Kisku, Ketugram Police Station Case No. 63 of 2004 dated 24.08.2004 was initiated against the appellant for commission of the alleged offence punishable under Section 409 of the Indian Penal Code. It was alleged in the said First Information Report that an amount of Rs.850/- out the Government - grant received by the said school for disbursement to Scheduled Caste and Scheduled Tribes students, for the purpose of purchase of books was defalcated and thereby the appellant abused his official position in the capacity of a public servant.

(3.) After completion of investigation charge-sheet was submitted against the appellant. Learned Judge, Special Court framed charge against the appellant/accused for commission of alleged offence punishable under Section 409 of the Indian Penal Code.