BHAGIRATHI MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Bhagirathi Mishra along with one Kulamani Rath faced trial in the Court of Addl. Chief Judicial Magistrate (Special), Cuttack in G.R. Case No. 2137 of 1986 for offences punishable under sections 408/477-A/120-B of the Indian Penal Code. The learned Trial Court vide impugned judgment and order dated 27.09.1994 acquitted the co-accused Kulamani Rath of all the charges and also the petitioner of the charges under sections 477-A/120-B of the Indian Penal Code. The petitioner however was found guilty under section 408 of Indian Penal Code and sentenced to undergo R.I. for three months and to pay a fine of Rs.500.00 (rupees five hundred only), in default, to undergo R.I. for 20 (twenty) days.

(2.) It is the prosecution case that the petitioner Bhagirathi Mishra was the Clerk and co-accused Kulamani Rath (acquitted) was the Head Master of Orissa Police High School, Tulasipur, Cuttack during the period 1981 to 1984. It is the further prosecution case that an amount of Rs.272.00 (rupees two hundred seventy two only) was collected from different students by the respective Class Teachers which was deposited with the petitioner, but the accused persons did not deposit the said amount in the Police Office, Cuttack and dishonestly misappropriated the same.

(3.) On the basis of the First Information Report submitted by S.A. Hassan, Inspector, CID, CB, Orissa, Cuttack before the Inspector-in-Charge, Bidanasi Police Station, the case was registered. During the course of investigation, the relevant witnesses were examined, documents were seized and after completion of investigation, charge sheet was submitted against the petitioner as well as the co-accused Kulamani Rath under sections 408/477-A/120-B of Indian Penal Code. 4. During the course of trial, the prosecution examined 27 witnesses, out of which P.W. 2 to 16 are the teachers of the Orissa Police High School, Cuttack and all of them have stated that they collected bus fares from the students and deposited the same with the petitioner. P.W.1 is the Head Clerk in the Office of Inspector of School, Cuttack-I Circle and he has stated about the role assigned to the petitioner as Clerk and co-accused Kulamani Rath as Head Master of the School. P.W.17 was the Senior Assistant attached to D.G. of Police Office, Buxi Bazar, Cuttack and he has stated about the procedure relating to deposit of the bus fare collected from the students of the school in the Establishment Sec. of D.G. Police Office. P.W.18 was the Duftary in the Odisha Police High School, Tulasipur and he stated that he use to go to I.G. Office for deposit of money of the school. P.W.19 to P.W.24 are the seizure witnesses, out of which P.W.22, Head Master in Charge of Orissa Police High School has stated about the internal audit conducted as per the direction of the Secretary and also preparation of audit report. P.Ws. 25, 26 and 27 are the Investing Officers.