KARTIKESWAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Kartikeswar Nayak, petitioner herein, was the Branch Post Master of Ratapat Branch Post Office. He was prosecuted for the offence under sections 409 and 468, I.P.C. The learned Judicial Magistrate, First Class, Baramba, who tried the case held the petitioner guilty of both the offences and consequently convicted and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 2,000/-, in default to suffer further rigorous imprisonment for six months for the offence under section 409 and rigorous imprisonment for six months and to pay a fine of Rs. 200/-, in default to suffer rigorous imprisonment for one month .for the offence under section 468, I.P.C. Both the sentences were ordered to run concurrently. Against that order of conviction and sentence the petitioner appealed to the Sessions Judge. The learned Second Additional Sessions Judge, Cuttack, who heard the appeal agreed with the findings and conclusion of the trial court as regards offence under section 409, I.P.C. but allowed that appeal and set aside the conviction of the petitioner recorded under section 468, I.P.C., It is against that judgment of the appellate court, the petitioner has filed the present revision.

(2.) The facts of the case are well set out in the judgment of both the courts below and therefore, it is not necessary to proliferate the same except to refer to certain salient features relevant for disposal of the revision.

(3.) To bring home the charge of criminal breach of trust punishable under section 409, I.P.C. the prosecution is required to prove: