NARESH PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner was convicted for the offence under Sec. 409 of I.P.C. by the learned J.M.F.C., Digapahandi vide judgment dtd. 10/11/1994 in G.R. Case No.57/1990 (T.R. No.439/1991) and was sentenced to R.I. for two years and to pay fine of Rs.3000.00, in default, to undergo further R.I. for six months. The said judgment of conviction and sentence passed by the trial court was confirmed in appeal by the learned Second Addl. Sessions Judge, Berhampur in Criminal Appeal No.11/1996 as per the judgment passed on 2/4/1997. Challenging the aforementioned judgments, the Petitioner has filed the present Revision.

(2.) The facts of the case are that the Petitioner was the Sarpanch of Podamari Grama Panchayat during the year 1989 and pursuant to Government Notification dtd. 22/12/1989 the Sarpanchs were asked to hand over charge to VLW. Accordingly, by order dtd. 26/12/1989 issued by the BDO, Sanakhemundi, the Petitioner was directed to hand over charge to the VLW which he did on 4/1/1990, but he failed to hand over the cash balance of Rs.31,392.00 drawn by him in Jawahar Rojagar Yojana (JRY) which was kept in his personal custody. As such, the BDO, Sanakhemundi lodged F.I.R. before Pattapur P.S. on the basis of which P.S. Case No.23/1990 was registered under Sec. 409 of I.P.C. and investigation was taken up. In course of investigation GRY account of Podamari Grama Panchayat for the year 1989-90 was audited by the Departmental Auditor who found that cash of Rs.31,392.00 was kept with the Petitioner which he failed to produce during the audit nor could he submit the vouchers and as such, held that the Petitioner had misappropriated the funds. Upon completion of investigation charge sheet was submitted. While taking the plea of denial the accused took the specific plea that the amount in question was received by the Secretary of Grama Panchayat and that vouchers for the amount had been submitted, which was utilized for development work. He further claimed that he had never been asked by the Auditor during audit and that all the vouchers are kept with the Secretary.

(3.) Heard Mr. S.D.Das, learned Senior counsel for the Petitioner and Mr. P. Tripathy, learned Addl. Standing Counsel for the State.