SIMADRI NANDA Vs. STATE

JUDGEMENT

(1.) THE Petitioner who was the Secretary of Co -operative Grain Gala at Buguda in the district of Ganjam was convicted by Magistrate 1st Class, Aska on a charge of alleged criminal breach of trust in respect of 74 bags 29 Kgs, out of the stock of chemical fertilizers said to be of the value of Rs. 3427.98 paise and was sentenced to rigorous imprisonment for 11/2 years and also to pay a fine of Rs. 1500/ - in default to rigorous imprisonment for three months more. The said conviction and sentences were confirmed by the learned Sessions Judge, Ganjam in appeal. The material facts on the basis of which the prosecution brought the charge against the accused Petitioner are stated hereunder.

(2.) THERE was a Co -operative Grain Gola at Buguda in the district of Ganjam of which p.w.1 was the President; there was a Board of Managing Directors consisting of 11 members. On June 8, 1961 the accused Petitioner was appointed as Secretary of the said Grain Gola and continued as such till September 9, 1962 when the alleged offence was detected.

(3.) ON April 1, 1962 there was a physical verification of the stock of fertilizers which was made by the then Agricultural Extension Officer, Buguda, in the presence of the President (p.w.1) and the accused -Secretary; in verification the book -balance tallied with actual stock of fertilizers in the Grain Gola.