ABHIRAM JAGADEB Vs. STATE

JUDGEMENT

(1.) THE Petitioner stands convicted under Section 409, Indian Penal Code for having temporarily misappropriated Rs. 246.46 Paise, and he has been sentenced thereunder to undergo S.I. for one month.

(2.) THE Petitioner admittedly was the Branch Postmaster of Brahmania Branch Post Office under Brahmagiri Sub -Post Office in the district of Puri at the relevant time. The said Branch Post Office had been shifted from village Brahmania to the Bhagabat Ghar at Dhwajapatna, an adjoining village, as village Brahmania had been badly affected by flood and cyclone. Within a short time of the shifting of the said Branch Post Office to Dhwajapatna, the Inspector of Post Offices (P.W. 5) visited the said Branch Post Office on 18 -11 -1968. and on verification of accounts he found that the cash balance in the Post Office was short by Rs. 246.46 Paise. When the said shortage was detected, it is alleged by the prosecution, the accused admitted in writing that he had utilised the said amount for his own use and that he would reimburse that amount within a short time. P.W. 5 then lodged an F.I.R. alleging misappropriation of the aforesaid amount by the Petitioner, and the Petitioner was prosecution for an offence under Section 409, Indian Penal Code of which he was found guilty, convicted and sentenced as stated above.

(3.) THE conviction of the Petitioner is mostly based on the statement made in Ext. 9, treating the same as an extrajudicial confession made by the Petitioner before P.W. 5 when the said shortage was detected.