STATE OF ORISSA Vs. KHETRA MOHAN SINGH

JUDGEMENT

(1.) KHETRA Mohan Singh, contingent Bill Clerk attached to the Bacteriologist section of the Veterinary Directorate, Government of Orissa, was acquitted of the charge of having committed criminal breach of trust in respect of Rs. 700 admittedly entrusted with him by the Treasury Sarkar in the Office of the Director of veterinary Services, Orissa, Cuttack. The defence of the accused was that he handed over the money to the Drawing Officer of the bill in question.

(2.) ON March 26, 1961, the accused gave for encashment a contingent bill for Rs. 700 to the Treasury Sarkar in Cuttack Veterinary Office. The treasury Sarkar drew the amount from the State Rank of India, Cuttack and made over the entire amount of Rs. 700 to the accused on the very date he received the money from the Bank. On March 28, 1961 the accused had given a receipt Ex. 1 in favour of the Treasury Sarkar for the said amount, The prosecution case is that the accused bill clerk did not hand over the Bill amount of Rs. 700 to the Drawing Officer M. K. Patro, P. W. 6 nor did the accused account for the same. In due course the suspected misappropriation of the money by the accused was brought to the notice of the Officer-in-charge, Mangalabag Police Station, Cuttack. Thereafter the accused was charged with having committed an offence punishable under Section 409, Indian Penal Code and tried by the learned Magistrate. 1st Class, Cuttack who acquitted him.

(3.) IN his statement under Section 364, Criminal Procedure Code the plea that the accused took was: on the date of drawal of the Bill, I was asked by Sri M. K. Patro (P. W. 6)to make over the amount to him "as some representation was expected that day. I accompanied P. W. 1 (Treasury Sarkar) with the bill to make corrections if necessary on the bill. After encashment, I received the amount from P. W. 1 and was handing over it to M. K. Patro who told me that no representation had come that day and that the amount should be with me. He told me that he would take the money from me on his requirement. On 24-4-1961 I got fever and took leave. I got some erruptions on my body resembling pox. I then went to Biswanath mohanti, the P. A. to Director with an application Ex. A. I met M. K. Patro and offered him the amount. I made over the amount (Rs. 700) to him and demanded a receipt. I took a piece of torn paper from his waste paper basket and seribed the receipt on which he put his initial and date. I have not misappropriated this amount or had any intention to do so. On return from leave, I again worked in Contingent Bill Section. After some days I was transferred to Miscellaneous Section. I then made over the Contingent Bill Section to Kishori Mohan Das. I proceeded on leave thereafter to my house as my mother was ill. During the illness of my mother, I received letter from Director and could not come personally leaving my ailing mother. I gave a reply in my worries. My mother was bed-ridden for a long time in cancer and tumour and as none else was there to attend upon her besides myself. I was passing my days in worry. Although I received letters from M. K. Patra and Director, I could not meet them leaving alone my ailing mother. My mother expired on 10-4-1962. T did not see M. K. Patra near Mangalabag as stated by him, i have received no order from Director making me duty bound to maintain Cash Book and Account Book of Bacteriologist Dept. "