(1.) The appeal The appeal is against the judgment and order dtd. 12/2/1998 passed by the Ld. Additional Sessions Judge, 1st Special Court, Bankura convicting the appellant for commission of offence punishable under Sec. 409 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 1 1/2 years and to pay a fine of Rs.500.00 in default to suffer rigorous imprisonment for 6 months more.
(2.) Prosecution case Amar Kumar Mandal, Sub-divisional Inspector, Postal, Bankura, North Sub-division, lodged a FIR with Officer-in-charge, Barjora Police Station on 6/8/1990 to the effect that on departmental inquiry the appellant while working as Extra Departmental Branch Postmaster of Dadhimukha E.D.B.O. (Extra Departmental Branch Office) accepted on 7/7/1989 being the amount of premium for the months of February, 1989 to June, 1989 including defaulting surcharge from the depositor of Dadhimukha 5 years R.D.A/c. No.10827. The appellant made entry of the deposit in the said R.D. Pass Book with date stamp impression and manuscript dates and also put his dated initial but did not credit the said amount to the account of the Post Office either on that date or on any subsequent date. On receipt of a complaint from the Sub-Postmaster, Beliatore Sub Office through Senior Superintendent of Post Offices, Bankura Division under his office letter no. L3/Misc-05/10/89-90 dtd. 16/10/1989, the complainant carried out a departmental inquiry and it transpired that the appellant formerly Extra Departmental Branch Postmaster of Dadhimukha E.D.B.O. accepted a sum of Rs.947.52 on 12/2/1986 for crediting the amount in the S.B.A/c. No. 223351 in the name of Dadhimukha B.B.Vidyalaya P.F. (public account). The appellant entered the amount in the relevant Pass Book showing the balance after deposit as Rs.25,548.0046 duly authenticated by his initial and date stamp impression of the Post Office. The said amount accepted for deposit on 12/2/1986 was not credited to the Govt. A/c. on the date of acceptance of the money. The appellant credited the money to the Govt. A/c. on a very later date and accounted for the amount in the books of accounts of the office on 2/4/1986. Thus, the appellant did not credit the amount deposited in the Govt. A/c. on the actual date of transaction and failed to credit the same from 12/2/1986 to 6/11/1989. Further, on enquiry it transpired that the amounts shown as below in Dadhimukha S.B. Pass Book A/c. No. 223351 with date stamp impression and manuscript dates and dated initials of Sri Chattaraj (appellant) had not also been credited to the Govt. A/c.
(3.) On completion of investigation the police submitted chargesheet against the appellant for offence punishable under Sec. 409 IPC.