RAMKRUSHNA PATNAIK Vs. STATE

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 409, Indian Penal Code and sentenced to R.T. for 6 months and to pay a fine of Rs. 200/ -, in default, to R.I. for one month.

(2.) PROSECUTION case may be stated in brief. The Petitioner was the audit inspector of Grama Panchayat at Keonjhar. Dumuria Grama Panchayat was within his jurisdiction. On 18 -7 -1957 the Petitioner was entrusted with a Co -operative Society Savings Bank Pass Book of Dumuria Grama Panchayat with a cash balance of Rs. 578 -19 p. and Rs. 30( - in cash. He was to withdraw this amount and to deposit the same in the Postal Savings Bank account along with Rs. 30( -. The Petitioner

(3.) FROM the prosecution evidence it seems clear that p.w.5 had instructed the Petitioner to pay the balance amount to a person for purchase of fish fries. There is, however, no evidence that in fact the Petitioner paid the amount. The conduct of the Petitioner, however, probabilities his version of having paid the amount. He intimated the fact to p.w.5 and p.w.6. They did not raise any objection that his version was false. He wrote 7 or 8 letters to the S.D.O. giving him intimation of this fact. Those letters had not been produced and the S.D.O. did not take any steps to verify that the statement is untrue. On the materials on record the conclusion would be that the Petitioner has failed to establish that in fact he made the payment and the prosecution has failed to establish that the version of the Petitioner is untrue. It is well settled that the onus on the accused is not as heavy as it is on the prosecution.