MANMATH NATH BARIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment dated 8.6.1982 passed by the Special Judge, Vigilance, Sambalpur, in T.R. Case 013 of 1981, convicting the accused -Appellant under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act and sentencing him thereunder to undergo rigorous imprisonment for one year and b pay a fine of Rs. 2000/ -, in default, to undergo rigorous imprisonment for six months. The Appellant was convicted under Section 409, I.P.C. as well, but no separate sentence was imposed thereunder.

(2.) THE prosecution case may be briefly stated as follows: The accused was the Range Officer of the Kendu Leaves Division, Keonjhar, during the period from January 1973 to May, 1974 and in his capacity as such Range Officer he was in charge of collection and processing of Kendu leaves. During the relevant period though the accused had collected and processed Kendu leaves of a total quantity of 2960 bags and had shown expenditure for the same, yet from the receipt books it was noticed that the accused had given delivery of only 2906 bags of processed Kendu leaves. Hence it was found that the accused, in his capacity as the Range Officer, dishonestly or fraudulently misappropriated or otherwise converted for his own use 54 bags (2960 minus 2906) of Kendu leaves, the value of which comes to Rs. 7,290/ - at the rate of Rs. 135/ - per bag (Rs. 135 X 54) and thereby rendered himself liable under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act (in short P.C. Act) and under Section 409, I.P.C.

(3.) THE prosecution has examined in all seven witnesses to prove its case. No witness was examined on behalf of the defence. P.W. 1 was the Sub -divisional Manager, Keonjhar Forest Corporation, during the relevant period. P.W. 2 was the Assistant Conservator of Forests, Keonjhar Kendu Leaves Division, during the year 1974. P.W. 3 was the Divisional Forest Officer, Keonjhar Division, from September, 1974 to April, 1976, P.W. 4 was the Accounts Supervisor, Keonjhar Division, in the year 1975. P.W. 5 is the sanctioning authority, P.W. 6 had audited the accounts of Kendu Leaves Division during the period from 26.4.74 to 29.4.74 P.W. 7 R.N. Mohapatra was the Inspector of Vigilance, who submitted the report Ext 7 to the S.P., Vigilance, and the same was treated as the F.I.R. in the case.