HARISH CHANDRA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision arises out of an appellate judgment confirming the conviction of the petitioner for the offence under Section 408, IPC. In the trial court, petitioner was sentenced to undergo rigorous imprisonment for three years and fine of Rs. 1,000.00, in default to undergo rigorous imprisonment for three months. In appeal, only the substantive sentence of imprisonment has been reduced to two years.

(2.) Prosecution story in brief is that the informant (P.W. 1) owns a grocery shop inside Baripada Market complex where the petitioner was working as a Salesman. On 14-9-1986, at about 6.30 P.M., the informant sent the petitioner with a letter addressed to the younger son P.W. 4 to fetch Rs. 10,000.00 from his residence. Accordingly, the petitioner went and showing the letter to P.W. 4 brought Rs. 10,000.00 from him. But instead of returning to the shop and delivering the amount to informant, he went away with the amount and thus, committed the offence for criminal breach of trust in respect of the said amount.

(3.) During investigation, police seized a sum of Rs. 5,500.00 from the petitioner's sister and Rs. 200.00 from his father-in-law.