BENUDHAR BARIK Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) The petitioner Benudhar Barik faced trial in the Court of learned Additional Chief Judicial Magistrate, Bhubaneswar in S.P.E. Case No.14 of 1992 for offence punishable under section 409 of the Indian Penal Code on the accusation that during the period from 31.01.1989 to 30.12.1989, he being a public servant in the employment of Postal Department as Kothapatna Branch Post Master and in such capacity being entrusted with a sum of Rs.1500/- (i.e. Rs.600+Rs.600+Rs.300) by Kartika Chandra Sahu (P.W.1), Trinath Mahakud, father of minor Kalia Mohakud and Mohamad Sahid, father of minor Sanjukta Banoo for depositing the said amount in the postal R.D. A/c. nos.2012085, 2012155 and 2012160 respectively, committed criminal breach of trust in respect of the said amount.

(2.) It is the prosecution case that the petitioner was functioning as EDDA for the period from 14.05.1984 to 18.04.1990 and worked as in-charge of Branch Post Master in Kothapatna Branch Post Office during the year 1989 in absence of the Branch Post Master Sri A.C. Sahoo and was entrusted with the work of transaction of SB/RD Accounts relating to the deposits and to maintain the relevant postal records i.e. branch office SB/RD journals, branch office account book, branch office daily accounts and to make entries of every deposit transaction thereof in the relevant pass books, sign and put the branch office date stamps against each entry and account for the said deposit amount in postal records.

(3.) P.W.3 Brundaban Dash who was the Inspector of Police, CBI/SPE, Bhubaneswar drew up the First Information Report on 28.02.1991 as per the direction of the S.P., C.B.I., Bhubaneswar and took up investigation of the case. During course of the investigation, he examined the witnesses, seized the documents namely R.D. Ledgers, S.B. Ledgers and S.B. Pass Books and R.D. Pass Books from the Sub Post Master, Phulnakhara and Dy. Supdt. Post Office, Cuttack City Division by preparing two seizure lists Ext.7 and Ext.8 and after conclusion of investigation, he submitted charge sheet.