ANIRUDHA MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present revision is directed against the judgement dtd. 8/12/2011 passed by learned Sessions Judge, Nabarangpur in Criminal Appeal No. 28 of 2003, whereby the judgement of conviction and sentence passed on 13/8/2003 passed by learned Civil Judge (Sr. Division)-cum- JMFC, Nabarangpur in G.R. Case No. 495 of 1984 was confirmed. By the said judgement learned trial Court had convicted the petitioner for the offence under sec. 408 of IPC and sentenced him to undergo S.I. for 2 years and to pay a fine of Rs.5000.00, in default, to undergo further S.I. for 6 months.

(2.) The brief facts of the case are as follows:

(3.) In course of trial, prosecution examined three witnesses out of whom, P.W.-1 was the Accountant of Kodinga LAMPCS, P.W.-2 was the Accountant of Kodinga LAMPCS during the relevant period and P.W.-3 was the Auditor who audited accounts of Kotagaon Sales Center for the relevant period and had submitted report. Learned Trial Court, after considering the evidence on record as also the contentions raised by both sides found the petitioner guilty of the offence under Sec. 408 of IPC as all the essential ingredients of the said offence were clearly established. As such, the petitioner was convicted for the aforesaid offence and sentenced as already stated hereinbefore.