STATE OF ORISSA Vs. GOPINATH PANIGRAHI

JUDGEMENT

(1.) These two appeals by the State are against the judgment and order of the First Additional Sessions Judge, Ganjam, Berhampur wherein he set aside the conviction recorded against each of the respondents under Section 409/34, I.P.C. and sentence of two years rigorous imprisonment and fine of Rs. 4,000.00, in default to undergo further rigorous imprisonment for six months imposed by the learned Sub-divisional Judicial Magistrate, Berhampur.

(2.) Accused Dr. Ramesh Chandra Padhi and Gopinath Panigrahi, respondents herein, were the Additional District Medical Officer (Family Planning) and the Cashier respectively in the District Medical Office, Ganjam. It was alleged that they being entrusted with Government money in course of their employment misappropriated a sum of Rs. 30,188.00 during the year 1973-74. Hence, they were prosecuted and put on trial under Section 409/34, I.P.C. The learned Sub-divisional Judicial Magistrate upon consideration of the evidence held both the accused persons guilty of the charge and consequently convicted and sentenced them as hereinbefore stated. Feeling aggrieved, the accused persons preferred appeal separately which were analogously heard and disposed of by the, First Additional Sessions Judge, Berhampur, by a common judgment setting aside their conviction. It is against this judgment that the state has preferred these two appeals.

(3.) A synoptical resume of the prosecution case may be stated thus : During the relevant period accused Dr. Ramesh Chandra Padhi being the Addl. District Medical Officer, Family Planning, was the drawing and disbursing officer and accused Gopinath Panigrahi was the Cashier of the District Family Planning Bureau. Moneys were being drawn under A/C bills and disbursed to different family planning centers by both the accused. In the year in question they drew a sum of Rs. 30,198.00, but instead of disbursing to various centers, they misappropriated the same. This being disclosed by the auditor in his report (Ext. 73), the C.D.N.O., Ganjan, Berhampur (P.W. 1) lodged F.I.R. to the Police on receipt whereof a case under Section 409, I.P.C. was registered and after usual investigation charge-sheet was laid against both the accused to stand their trial.