SACHIDANANDA MISHRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Sachidananda Mishra faced trial in the Court of learned Special Judge, Vigilance, Sambalpur in T.R. Case No.61 of 1995 for offences punishable under Sec. 409, 468, 471, 477-A of the Indian Penal Code and sec. 13(1)(c) read with sec. 13(2) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') on the accusation that he being employed as a Junior Horticulture Officer, Bolangir under the Government of Odisha and being a public servant abused his position as such, dishonestly or fraudulently misappropriated or otherwise converted a sum of Rs.19,047.00 (rupees nineteen thousand forty seven only) entrusted to him or under his control or dominion to his own use and thereby committed criminal breach of trust and also forged certain vouchers intending that those would be used for the purpose of cheating and fraudulently or dishonestly used those documents as genuine and also altered certain Book Accounts Register with intent to defraud the employer Govt. of Odisha.

(2.) The prosecution case, in short, as per the first information report (Ext.34) dtd. 5/11/1994 lodged by Sri Umesh Chandra Panda (P.W.19), Inspector of Vigilance, Bolangir before the Superintendent of Police, Vigilance, Sambalpur Division, Sambalpur is that he received reliable information that the appellant who was the Junior Horticulture Officer in the Office of the Horticulturist, Khariar was posted at J.H.O., Bolangir from 29/8/1985 to 1/9/1992. During his incumbency as such, a sum of Rs.2,10,000.00 was allotted by the Director of Horticulture, Odisha, Bhubaneswar during the year 1991-92 and placed at the disposal of Horticulturist, Bolangir for purchase of 1,50,000 Dwarf Cavendish banana suckers from the farmers @ Rs.1.00 per sucker and distribution of the same to the farmers at the highly subsidized rate of Rs.0.15 per sucker. The allotted amount of Rs.2,10,000.00 included Rs.45,000.00 towards transportation charges and Rs.15,000.00 towards chemical pre-treatment of the banana suckers. The appellant was entrusted with Rs.47,310.00for purchase of suckers and transportation, out of the allotted amount of Rs.2,10,000.00. He purchased 27,200 banana suckers and paid a sum of Rs.23,200.00 to the farmers those who had supplied the suckers but falsely showed purchase of 36,500 banana suckers from the farmers @ Rs.1.00 per sucker and thereby misappropriated a sum of Rs.13,300.00 by preparing false vouchers. He also showed expenditure of Rs.10,810.00 towards transportation charges of the banana suckers though he actually utilized Rs.5,062.40 paisa for that purpose and thus misappropriated the rest amount of Rs.5,747.60 paisa. In that process, the appellant misappropriated a total sum of Rs.19,047.60 paisa out of the entrusted amount of Rs.47,310.00. The enquiry revealed that the appellant prepared and manufactured false money receipts in the name of farmers and vehicle owners and used the same as genuine and committed criminal breach of trust in respect of an amount of Rs.19,047.60 paisa obtaining pecuniary advantage for himself and thereby he misconduct himself.

(3.) The defence plea of the appellant as appears from the statement recorded under sec. 313 of Cr.P.C. is that he personally purchased most of the banana suckers @ Rs.1.00 per sucker and also purchased some banana suckers through Shiba Prasad Mishra and Kambhupani Mishra, Gardeners by giving them some money out of the advance taken by him. He brought the banana suckers to the Central Godown of the Horticulturist's office, Bolangir by the trucks of Muni Banchhor (P.W.5) and Prabhat Ranjan Nial (P.W.7). The Store Keeper of the Central Godown after counting the banana suckers received the same. He also paid transportation charges of the banana suckers to P.W.5 and P.W.7 and the fact of his purchase of banana suckers and bringing the same to the office of the Horticulturist, Bolangir was known to the then Horticulturist Gokula Charan Tripathy (P.W.10). After making stock entry of the banana suckers in the stock register, those were given to the gardeners and grafters of the office on obtaining signatures from them to sell the same to the cultivators @ Rs.0.15paisa per sucker and the gardeners and grafters after selling the banana suckers deposited the sale proceeds in the office of the Horticulturist, Bolangir.