THE STATE Vs. TRIBIKRAM BOHIDAR

JUDGEMENT

(1.) THIS is an appeal under Section 417, Code of Criminal Procedure by the State against the order of acquittal passed in appeal by The Sessions Judge, Sambalpur acquitting the accused Respondent herein of an offence under Section 409, Indian Penal Code of which be was convicted by The Assistant Sessions Judge, Sambalpur.

(2.) THE prosecution case in short is that on 9 -12 -1961 the accused Respondent was working as the Head Clerk -cum -Accountant in The office of The B.D.O. Jharsuguda and on the date he received an amount of Rs. 133.65 p. paid by p.w. 1 Lingaraj Patel towards repayment of his first instalment of the loan taken from the B.D.O 's office. The Respondent by Ext. 4/1 acknowledged in his own hand the receipt of the aforesaid amount on the body of the demand notice Ext. 4 itself. He did not grant any separate receipt for the said payment made by p.w. 1 as per the prescribed Rules, nor did he show the said amount as received from p.w. 1 in any of the Accounts Books in the Department, and in the process committed criminal misappropriation of the said amount.

(3.) THE prosecution examined 6 witnesses and the defence only one. The trial Court convicted the accused on the findings that Ext. 4/1, the receipt, is in the handwriting and signature of none -else other than that of the Respondent; that the amount under Ext. 4/1 was in respect of the demand notice Ext. 4 sent to p.w. 1 for the realisation of the said amount; that the accused under Ext. 4/1 received an amount of Rs. 133.65p. from Lingaraj Patel p.w. 1, which he paid towards his loan dues mentioned in the demand notice Ext. 4, and that it was successfully proved that the amount in question on being entrusted by p.w. 1 to the Respondent, was never accounted for in any account books and was clearly misappropriated by the Respondent, and thus an offence under Section 409, Indian Penal Code had been successfully established against him.