BAIKUNTHA NATH MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) - This is a revision against the appellate order of the Second Additional Sessions Judge. Pun in confirming the order of conviction and sentence passed by the trial Court holding the accused-petitioner guilty of an offence under Sections 467, 471, and 409 I.P.C.

(2.) The prosecution case in short, is that during the period 1984-85 the accused-petitioner was working as a conductor with the Orissa State Road Transport Corporation, Pun Unit. In course of his duty he was issued with Ticket Books to be used in issuing tickets to the passengers and on return from the route he was to prepare the way bill showing receipt of the amount from the passengers. The way bills were prepared on the basis of the amount reflected in the counter-foils of the Ticket Books prepared in carbon process. The way bills prepared by the accused-petitioner are to be produced before the. Way Bill Checher and thereafter the auditors to have a preliminary audit and then the petitioner was to deposit the total amount of sale proceeds of the tickets and the way bills with the cashier. The used Ticket Books are also to be deposited in the office with the Station Master. In course of a special audit the auditor detected that some of the pages of the Ticket Books used by the petitioner were not original and forged pages had been inserted therein. The Auditors submitted their observation vide Ext. 3 along with the report (Ext. 17). On receipt of the said report and Statements the then District Transport Manager. Pun (P.W. 3) lodged the FIR (Ext. 2) before the Officer-in-charge: Sea Beach Police Station, Pun In course of investigation, documents were seized and witnesses were examined. Ticket Books used by the petitioner were sent for examination to the expert. On examination of the Ticket Books the Government examiner of question document (P. W. 9) submitted the reports (Exts. 11 and 12) which revealed that some of the pages in the Ticket Books bearing No. 4502 (Ext. 4) and 11222 (Ext. 5) were not the originals and had been substituted. On completion of investigation charge sheet was submitted against the accused-petitioner. The plea of the accused was one of complete denial. However in the Statement under Section 313 Cr. P.C. the accused indicated that a false case has been foisted due to the dispute between the management and the union.

(3.) The prosecution had examined 14 witnesses and 17 items of exhibits were admitted into evidence marked Exts. 1 to 17 P.W. 1 was the Way-Bill Checker. P.W. 2 was a police constable P.W. 4 was the A.T.M. of the O.S.R.T.C. P.W. 5 was the Station Master. Pun from 1984 to 1987. P.Ws. 6, 7 and 10 were the Auditors who, conducted the special audit. P.Ws. 12, 13 and 14 were the investigating Officers and P.W. II was the internal Auditor of the O.S.R.T.C.