JAGANNATH RAY Vs. STATE

JUDGEMENT

(1.) THE Petitioner stands convicted under Sections 120 -B, 468, 471 and 420. Indian Penal Code and on each count he has been sentenced to undergo rigorous imprisonment for one year, and to pay a fine of Rs 2001 -, in default to undergo rigorous imprisonment for a further period of 2 months on each count. The substantive sentences of imprisonment have been ordered to run concurrently.

(2.) THE prosecution case, in short, is that in 1962 the Petitioner was the Supervisor of the Puri Nimapara Central Co -Operative Bank (hereinafter referred to BS the Bank). On 28 -8 -1962 Panchu Swain, the Sarpanch of the Odasamal Agricultural Credit Co -operative Society (hereinafter referred as the society) withdrew Rs. 9300/ - on the basis of several loan applications including that of Braja. Mantri (p.w. 1) in whose name an amount of Rs. 1000/. was drawn. The above named Panchu Swain stood his trial along with the Petitioner and has been convicted of several offences. I am not concerned with his case in this revision filed by the Petitioner separate cases were started against the Petitioner and the above named Panchu Swain for misappropriating Rs. 9360/and for committing different other offences for the above purpose and in connection with the same. Out of those 8 cases G.R. Case No. 397/65/ - out of which this revision arises, was started for the offences committed by them in relation to the misappropriation of Re. 1000/ -, being the amount, withdrawn from the Bank on the basis of B loan application in the name of Braja Mantri. It is the prosecution case that the loan application in the name of Braja Mantri and the normal credit form and other connected document required for the purpose of withdrawing money from the Bank on the aforesaid loan application were all false and forged documents. It is alleged that the Petitioners entered into a conspiracy along with Panchu Swain and others including the approver (p.w. 4) for withdrawing money from the Bank by fabricating false and forged documents. In pursuance of the said conspiracy he committed certain acts amounting to different offences and thereby cheated the Bank and ultimately misappropriated along with others Re. 1000/ - drawn in the name of Braja. Mantri. In 1962 the matter came to light on the inception of the society by the Secretary of the Bank.

(3.) THE trial Court converted the Petitioner of offences under Sections 120. B, 468, 471 and 420, Indian Penal Code and the Appellate Court on in elaborate consideration of the evidence on record confirmed the conviction in to Some of the significante and important findings of the Court below which are relevant for the purpose of this revision are stated below: