BRAHMANANDA MOHANTY Vs. STATE

JUDGEMENT

(1.) BRAHMANANDA Mohanty, an insurance agent of L. I. C. at Bhadrak was convicted on a charge under Section 409, Indian Penal Code for alleged criminal breach of trust in respect of Rs. 506-90 np being part of the first premium collected from certain proposer for insurance and sentenced to simple imprisonment for one year and also to pay a fine of Rs. 600 in default to undergo simple imprisonment for a term of three months for the offence. He was also convicted under Section 471 indian Penal Code for having in that connection used as genuine a forged document in the circumstances hereinafter stated and sentenced to simple imprisonment for three months, all the sentences to run concurrently. Along with the accused appellant Brahmananda Mohanty, one Mahendra Narayan Das working as a Field Officer under the L. I. C, at Bhadrak was also charged, committed and sent up for trial before the learned Additional Sessions Judge who however acquitted him.

(2.) THE accused appellant Brahmananda Mohanty was an insurance agent of the L. I. C. at Bhadrak (hereinafter referred to as the accused insurance agent ). The other accused Mahendra Narayan Das was a Field Officer under whom the accused appellant Brahmananda Mohantv was working as an insurance agent. It is said that the accused Mahendra was a brother-in-law of the accused appellant brahmananda.

(3.) ON February, 4, 1962 in the usual course of his duty as insurance agent the accused appellant received Rs. 546-90 np from one Harekrishna Misra towards annual premium of a new life insurance policy on his life for twenty years for Rs. 10,000 with profit as will appear from a Kucha receipt Ext. 3 given by the accused insurance agent. On 27-2-1962 P. W. 1 Srikanta Misra, son of the said harekrishna Misra. wrote a letter Ext. 4 to the accused insurance agent requesting him to send the pucca receipt. Evidently no pucca receipt was ultimately given by the accused insurance agent.