KEDAR CHARAN MAHALI Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) The petitioner Kedar Charan Mahali faced trial in the Court of learned Additional Chief Judicial Magistrate, Bhubaneswar in S.P.E. Case No.40 of 1986 for commission of offences punishable under sections 409/477-A of the Indian Penal Code on the accusations that in the year 1984 being a public servant employed as Extra Departmental Branch Post Master in Bhairapur Branch Post Office, he was entrusted with Rs.2850/- by the account holders on account of depositing in their respective S.B. Account Nos.1225019, 1224836 and 1225826 but he committed criminal breach of trust and wilfully and with intent to defraud, destroyed the pay-in-slips and falsified the Branch Office daily accounts, S.B. journal and account book which belonged to the employer. The learned Trial Court vide impugned judgment and order dated 04.12.1993 found the petitioner guilty both under Sections 409 and 477A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of 3(three) months and to pay a fine of Rs. 500/-(rupees five hundred) on each count, in default of payment of fine, to undergo rigorous imprisonment for one month more on each count. The substantive sentences were directed to run concurrently. The petitioners preferred an appeal before the Court of Session which was heard by the learned 2nd Addl. Sessions Judge, Bhubaneswar in Criminal Appeal No.32/1 of 1997/94 and the learned Appellate Court vide impugned judgment and order dated 16.01.1999 upheld the impugned judgment and order of learned Trial Court and dismissed the appeal, hence the revision.

(2.) The prosecution case, in short, is that the petitioner was working as Extra Departmental Branch Post Master at Bhairpur Branch Post Office in the district of Cuttack during the year 1984 and he committed criminal breach of trust to the tune of Rs. 2850/- which was deposited by different account holders on different dates by falsifying the postal accounts. It is the further prosecution case that the account holder Bankanidhi Das (P.W.2) deposited a sum of Rs. 400/- on 27.08.1984 with the petitioner for crediting the amount in his S.B. account bearing No. 1225019. The petitioner after receipt of the said amount, entered the said deposit in the pass book of the depositor and issued the counterfoil of pay-in-slip after signing and putting the official stamp thereon but he failed to account the said amount in the postal account i.e. Branch Office daily account, S.B. journals, Branch Office account book and the petitioner also destroyed the voucher part of the pay-in-slip and misappropriated the same. It is the further prosecution case that another account holder namely Smt. Kamala Sahu (P.W.1) deposited a sum of Rs. 450/- on 07.01.1984 with the petitioner for crediting the amount into her S.B. Account No. 1224836. The petitioner after receipt of the said amount, entered the said deposit in the pass book of the depositor and issued the counterfoil of pay-in-slip after signing and putting the official stamp thereon but he failed to account the said amount in the postal account and misappropriated the same. It is the further prosecution case that another account holder Shri Sudarsan Samal(P.W.3) deposited Rs.2000/- on 26.09.1984 with the petitioner for opening S.B. account in his name. The petitioner after receiving the said amount, issued a counterfoil receipt for Rs.2000/- to P.W.3 on that day but the petitioner accounted for Rs.5/- only on 8.10.1984 at Bhairpur Branch and destroyed the voucher pay-in-slip dated 26.09.1984. Subsequently when P.W. 3 visited the Branch Post Office to receive his pass book, the petitioner made an entry showing the deposit of Rs. 1995/- on 16.10.1984 and delivered the pass book having S.B. Account No.1225826 to P.W.3. The petitioner failed to account for Rs.1995/- either on 26.09.1984 or on 16.10.1984 in the postal account and thereby misappropriated a sum of Rs.2000/- i.e. Rs.5/- 26.09.1984 to 07.10.1984 and Rs. 1995/- from 26.09.1984.

(3.) The case was registered under Section 409 of the Indian Penal Code on the First Information Report submitted by Shri Haribandhu Das (P.W.7), Inspector of Police, C.B.I./S.P.E., Bhubaneswar on 18.12.1986 indicating the allegation of criminal misappropriation by the petitioner to the tune of Rs. 7,645/- in respect of S.B./T.D. account of six account holders. P.W.7 took up investigation of the case. During investigation, the I.O. seized documents, examined the witnesses, issued requisition to the Inspector of Police Shri K.C. Mohapatra for seizure of certain documents and examination of witnesses. He received the supplementary case diary along with seizure lists, documents and statements of witnesses from the Inspector K.C. Mohapatra. He seized the documents from Bhaskar Chandra Jena, the then Superintendent of Post Office on 04.06.1987 under seizure list Ext.27. On 20.07.1981, Inspector of Police K.C. Mohapatra seized the documents under seizure lists Exts. 30 to 36. The I.O. seized the receipts regarding the repayment of the misappropriated amount by the petitioner after detection of misappropriation by the postal department under seizure list Ext.37 from the possession of the petitioner. The Investigating Officer took specimen signatures and handwritings of the petitioner on plain papers, the daily account forms, the S.B. accounts pass books and other forms. He sent the specimen hand writings and admitted handwritings, initials and signatures of the petitioner along with questioned documents to the Government examiner of questioned documents with requisition for examination and opinion. He received the recorded opinion of the Government Examiner of the questioned documents. On completion of investigation, on 29.09.1987 the Investigating Officer submitted charge sheet under Sections 409 and 477A of the Indian Penal Code.