STATE OF ORISSA Vs. PUMA CHANDRA DASS

JUDGEMENT

(1.) These appeals though arising out of five separate judgments passed by the learned Chief Judicial Magistrate, Sundargarh, acquitting the respondent of the charge punishable under Section 408 of Indian Penal Code, the facts being identical, were heard at a time and are being disposed of by this judgment.

(2.) The following chart will show the amounts alleged to have been misappropriated by the respondent during the periods stated against each 1. G.A. 88 of 1981 - Rs. 340/- between 1-6-66 and 31-5-67. 2. G.A. 89 of 1981 - Rs. 2225/- between 1-6-67 and 3 1-5-68. 3. G.A. 87 of 1981 - Rs. 5080/- between 1-6-68 and 3 1-5-69. 4. G.A. 91 of 1981 - Rs. 5605/- between 1-6-69 and 3 1-5-70. 5. G.A. 92 of 1981 - Rs. 8645/- between 1-6-70 and 3 1-5-71. 6. G.A. 90 of 1981 - Rs. 8045/- between 1-6-71 and 3 1-5-72. Prosecution case in brief is that Government of India had formulated a scheme known as Pay Rate Savings Scheme for encouraging employees of industrial establishments for making savings from their pay. This scheme was called Cumulative Time Deposit (for short C.T.D.) and Recurring Deposit (for short R.D.). The Orissa Cement limited, Rajgangpur (herein after referred to as O.C.L. ) had four limestone quarries at Lanjiberna. Quarry Nos. 1 and 2 were managed by O.C.L. departmentally and quarry Nos. 3 and 4 were operated through Contractors. The C.T.D. and the R.D. schemes were introduced in all the four quarries. One O.V. Johan, a Time Keeper of Lanjibema working under O.C.L. was placed in charge thereof. On 30/4/1966 the respondent took charge of the scheme from O.V. Johan who went on long leave. The employees of the O.C.L. serving in quarry Nos. 1 and 2 and the contractors for quarry Nos. 3 and 4 used to submit two applications to respondent, one addressed to the Management and the other to the Post-Master, Rajgangpur Post Office for the purpose of opening accounts in their names. On receiving the applications the respondent took steps to issue directions to different Time Keepers to deduct the required amounts from the pay of the employees. He used to receive the deducted amounts from them, as well as from the contractors, prepare a consolidated list and deposit the amounts in the Post Office in the names of individual employees from time to time. It was also his duty to open Postal Savings Pass Books in their names, retain the same and keep endorsements of deposits recorded from time to time.It is alleged that the respondent received the amounts deducted from the pay of the employees from month to month during the period from 1-6-66 to 31-5-72, did not deposit the same by opening pass books in time and misappropriated the amounts. On account of the misappropriation committed by the respondent the O.C.L. had to compensate the employees from whose pay deductions had been made. The misappropriatrion was detected in 1972 and F.I.R. was lodged at Rajgangpur Police Station. Investigation into the case resulted in chargesheets being submitted against the respondent for having committed offences punishable under Section 408 of the Indian Penal Code.

(3.) On consideration of the oral and documentary evidence adduced by the appellant in all the cases, the learned Chief Judicial Magistrate held that the prosecution could not establish entrustment of the cash to the respondent and so the case could not be established against him. Accordingly he acquitted the respondent in all the cases.