ASHOK KUMAR SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal is directed against an order of conviction under Section 409 of the Indian Penal Code passed against the appellant and sentenced to suffer rigorous imprisonment for one year and a fine of Rs. 500/- with default clause.

(2.) The prosecution case in a nutshell is as follows; On February 4, 1992, the Sub-Post Master of Beliatore Sub-Post Office the P.W. 1 Dwijendra Lal Roy informed the P.W. 8 Amar Kumar Mandal, Sub-Divisional Inspector of Post Office, Bankura North Sub-Division vide an office memo that no cash bag, no B.O. Slip was received in his B.O. bag dated February 3, 1992 and it was further informed that B.O. bag of Bankura Branch Post Office contained remittance of Rs. 2,500/- enclosed in sealed cash bag having weight 220 gms., four money orders for payment, one unpaid letter of Re. 1 and one telegram cover duly entered in B.O. Slip prepared by Beliatore Post Office.

(3.) During the course of trial the prosecution examined as many as 12 witnesses viz. P.W. 1 Dwijendralal Roy, Postmaster of Beliatore Post Office. P.W. 2 Sushanta Kumar Dey, Postal Assistant of Beliatore Post Office, P.W. 3 is the Postmaster of Bankura Post Office, P.W. 4 Shymal Kumar Ghosh, seizure list witness of Bankura Post Office, P.W. 5 Subodh Kumar Ghosh, seizure list witness of Bankura Post Office, P.W. 6 Sunil Baran Mukherjee, Assistant Superintendent of Post Office of Bankura District, P.W. 8 Amar Kumar Mandal, Assistant Superintendent of Post Offices, Katwa, P.W. 9 Ranjit Kumar Hazra, Postal Assistant of Beliatore Post Office, P.W. 10 Sadhan Chandra Bhaduri, S.I. of Police, D.E.B., Bankura, P.W. 11 S.I. Samir Kumar Basak, Officer-in-Charge of Barjora Police Station during the relevant period who partly investigated the case, P.W. 12 S.I. Kripamoy Acharyya, I.O., who finally investigated the case, recorded statements of witnesses, viz. Amar Mandal, seized the empty bag, B.O. slip and submitted charge-sheet.