STATE OF ORISSA Vs. SURENDRANATH PATNAIK

JUDGEMENT

(1.) THIS is an appeal under Section 417(1) Code of Criminal Procedure against the judgment of acquittal D.I. 4 -7 -1970 passed by Shri A.K. Patra, Sessions Judge, Ganjam Boudh in Criminal Appeal No. 131/68 -G.

(2.) THE prosecution case, shortly stated, is that the accused (Respondent herein) at the relevant time was the Chief Instructor -cum -Production Manager of the Ambar Charkha Production Centre at R. Udayagiri (hereinafter referred to as the 'Centre ') under the Orissa State Khadi and Village Industries Board (hereinafter referred to as the 'Board '). While working as such he received Rs. 1000/ - for constructing the 'Sutar Ghar ' for the Centre. But he did not construct the same and misappropriated the aforesaid amount to himself.

(3.) THE trial Court on an elaborate consideration of the documentary and oral" evidence on record convicted the accused for an offence under Section 408, Indian Penal Code and sentenced him thereunder to undergo R.I. for six months and to pay a fine of Rs. 1000/ -, in default to undergo R.I. for a further period of three months.