BROJENDRA NATH KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 8.5.1987 passed by the learned Special Judge, 1st Court, Howrah, in Special Case No.6 of 1984 convicting the appellant for commission of offence punishable under Section 409 of the Indian Penal Code and sentencing him to suffer R.I. for four years and to pay a fine of Rs.300/- in default to suffer R.I. for a further period of three months.

(2.) Prosecution case as levelled against the appellant is to the effect that he was the Secretary of Shibgachia Ramkrishna Krishi Unnayan Samity (hereinafter referred to as the Society) which was a cooperative society and the appellant in the capacity of a Secretary was entrusted with the funds and other assets of the said society. Cooperative inspector inspected the cash book of the society on 28.6.1973 which was maintained by the appellant and it was found that there was a shortfall of cash balance to the tune of Rs.1364.50/- and the appellant in spite of demand could not produce the cash and admitted that he had spent the amount for meeting his family expenses. On the written complaint of P.W.2, first information report being Amta P.S. Case No.4 dated 5.7.73 under Section 409 of IPC was registered for investigation. In conclusion of investigation, charge sheet was filed. Charge was framed under Section 409 of IPC and the same was read over to him. The appellant pleaded not guilty and claimed to be tried.

(3.) In the course of trial, prosecution examined 11 witnesses and exhibited a number of documents to prove its case.