JITENDRA MOHAPATRA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) THE Petitioner as accused faced trial for alleged commission of offences under Sections 409/467/468/471 of the I.P.C. in S.P.E. Case No. 30/1991 in the Court of Learned Addl. C.J.M. -Cum -Spl. C.J.M. (C.B.I.) Bhubaneswar. Admittedly the Petitioner was working as Extra Departmental Sub -Post Master at Dala Sub -Post Office. The criminal action was set in motion on the basis of an F.I.R. filed, inter alia, alleging that the Petitioner had misappropriated the money deposited in various Savings Bank Accounts, Recurring Deposit Accounts, Term Deposit Accounts of different account holders by manipulating postal records. It was also alleged that the dishonestly sold some National Saving Certificates to different persons, but failed to account for the amount collected in the postal accounts. On the basis of an F.I.R., enquiry was conducted and charge sheet was submitted for commission of offences under Sections 409,420 an 468 of the I.P.C.

(2.) THE prosecution in order to substantiate its case got examined 1 5 witnesses and exhibited 48 documents. The accused got himself examined in his defence and exhibited three documents. Out of the P.Ws., P.W. 1 was an account holder of the Post Office where the Petitioner was the Extra Departmental Sub -Post Master, P. W. 2 was a postal employee before whom the Investigating Officer collected specimen handwriting of the Petitioner, P.W. 3 was the Ledger Assistant of Head Post Office. P.Ws. 4 and 5 were the Sub -Divisional Inspectors during the years 1981 -85 and 1985 -88 respectively, P.W. 6 was the postal complaint Inspector, P. W. 7 was the owner of the house where Dala Sub -Post Office was functioning and was also holder of National Saving Certificate for Rs. 5.000/ -. P.w. 8 was an employee of Dala Sub -Post Office, P.w. 9 was a Supervisor of Savings Bank Control Organisation, Jaipur, P.W. 10 was an employee in the Irrigation Department, who had made endorsement at the instance of accused, P.W. 11 was a retired Postal Superintendent, P.W. 12 was the I.O., P.w. 13 was the Assistant Superintendent of Post, Office, P.w. 14 was the Sub -Post Master of Dala Sub -Post Office, who had succeeded the Petitioner and P. W. 15 was another official witness.

(3.) THE Trial Court after threadbare analysis of the evidence, both oral and documentary, arrived at a conclusion that prosecution had successfully proved all the charges against the Petitioner beyond all shadows of reasonable doubt and held him guilty of the charges under Sections 468/420/409 of the I.PC. and convicted him thereunder. After considering the social background and gravity of the offences committed, the Court below sentenced the Petitioner to undergo R.I. for one year under Sections 468/420/409 of the I.P.C. and to pay a fine of Rs. 1,000/ -, in default to under further R.I. for two months on each count and the sentences were directed to run consecutively.