SADASIVA JENA Vs. STATE

JUDGEMENT

(1.) THE petitioner, serving at the relevant time as the Branch Postmaster in the Branch Post Office at Chanrapur with the Head Post Office at Jagatsinghpur in 1973 stood prosecuted being charged under Sections 409 and 477 -A of the Penal Code (hereinafter referred to as the 'Code') for committing criminal breach of trust, by temporarily misappropriating a sum of Rs. 1,000/ - deposited with him in the Savings Bank Pass Book account (Ext. 1) by Purna Chandra Jena (P. W. 1), as per the entry, Ext. 1/1, made by the petitioner on 7 -11 -1973 which deposit was shown in the accounts at the Branch Post Office 10 days thereafter on 17 -11 -1973, by temporarilymisappropriating a sum of Rs. 600/ - deposited by the same depositor in his Pass Book on 14 -11 -1973 as per the entry, Ext. 1/3, made by the petitioner, which deposit was shown in the accounts of the Branch Post Office on 24 -11 -1973 and by committing misappropriation of Rs. 990/ - deposited by the same depositor on 17 -11 -1973 with the petitioner for which also the petitioner had made entry in the Pass Book. The last deposit was not shown in the accounts maintained at the Branch Post Office. On receipt of information about the commission of the offences the Inspector, C. B. I., Bhubaneswar (P. W. 9), drew up the first information report (Ext. 18) after obtaining orders of the Superintendent of Police, C. B. I., Bhubaneswar and took up investigation of the case in the course of which he examined the witnesses, seized the relevant documents and on completion of investigation, placed a charge -sheet against the petitioner.

(2.) THE petitioner's case was that believing in good faith that P. W. 1 a close relation of his had actually deposited Rs. 1,000/ - on 7 -11 -1973, he made the entry in the Pass Book but later noticed that the amount was short by Rs. 200/ - which was made good by P. W. 1 on 17 -11 -1973 and on that day, he showed the deposit in the accounts maintained at the Branch Post Office. Similarly on receiving Rs. 600/ - from P. W. 1 on 14 -11 -1973, he made the entry in the Pass Book, but later found out that one hundred -rupee currency note was torn and accordingly on his request, P. W. 1 exchanged the hundred -rupee currency note on 24 -11 -1973 on which day the petitioner showed the deposit in the accounts of the Branch Post Office. According to the petitioner, he had not received Rs. 990/ - from P. W. 1 on 17 -11 -1973 but P. W. 1 wanted to deposit that amount on that day. Although he had not come with the full money he made the entry in the Pass Book showing deposit of this amount, because of his relationship with P. W. 1. The petitioner had asserted that he had not received Rs. 990/ - from P. W. 1 and had not shown the deposit of this amount in the accounts maintained at the Branch Post Office. He had denied to have made any extra -judicial confession before the Inspector of Post Offices (P. W. 8).

(3.) ON a consideration of the evidence, the trial court did not rely on the extra -judicial confession said to have been made by the petitioner before P. W. 8 and the appellate court, too, did not rely on it. As on his own showing, P. W. 1 had not deposited Rs. 990/ - with the petitioner, it was held that the petitioner could not be held to be guilty of the charge of criminal breach of trust and falsification of accounts in respect of this deposit of Rs. 990/ - as shown in the Pass Book. Both the trial and the appellate courts, however, found the petitioner guilty of both the charges in respect of the other two amounts of deposits, viz., Rs. 1,000/ - on 7 -11 -1973 and Rs. 600/ - on 14 -11 -1973, on the basis of the evidence of P. W. 1 and the entries in the Pass Book. Regard being had to the fact that the petitioner had been suffering from paralysis and was unable to move on his own, the trial court sentenced him to suffer imprisonment till the rising of the court under Section 409 of the Code and to pay a fine of Rs. 500/ - and in default of payment thereof, to suffer simple imprisonment for a further period of two months on each count. The petitioner unsuccessfully appealed to the Court of Session against his order of conviction in respect of both the charges. The learned Additional Sessions Judge, while maintaining the order of conviction passed against the petitioner in respect of the two offences, reduced the sentences of fines and it was ordered that the petitioner would pay a fine of Rs. 250/ - in respect of each of the offences, i.e., a total sum of Rs. 500/ - and in default of payment thereof, would suffer simple imprisonment for 7 days.