PURNA CHANDRA BEHERA Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the conviction and sentence dated 27 -4 -1983 passed by Sri R.H. Panda, Special Judge (Vigilance), Sambalpur, in T.R. Case No. 10 (a) of 1981 convicting the Appellant under Section 5(1) (c) read with Section 5(2) of the Prevention of Corruption Act and under Section 409, I.P.C. and sentencing him to undergo R.I. for one year and to pay fine of Rs. 1,000/ -, in default, to R.L for three months under Section 5(1)(c) read with Section 5(2) of the P.C. Act and awarding no separate sentence under Section 409, I.P.C.

(2.) THE facts briefly stated are, that one J. Dhar was the Sub -Assistant Engineer in charge of the store in the R E. Sub -Division, Sambalpur North, on His transfer to Pullahara, J. Dhar made over charge of the store to the accused Purna Chandra Behera on 22 -10 -1975 vide charge Report (Ext. 3). The charge report reveal shortage of four items of building materials. The charge list has been marked as Ext. 18/2. J. Dhar was called upon to explain the shortage vide Ext. 4 dated 27 -5 -1976. Vide Ext. 5 dated 7th August, 1976 J. Dhar gave a reply that due to unavoidable circumstances his supplier could not supply the materials shown to be in shortage and he also requested for extension of time. Vide Ext. 6 dated 8 -6 -1976, the Executive Engineer wrote to the Assistant Engineer, R.E. Sub -Division that Sri Dhar was willing to make good the shortage of stock materials and the materials to be received when supplied with intimation to his Executive Engineer) office.

(3.) THE plea of the accused is that be bas signed Ext. 18/2 in good faith and no physical delivery of the articles mentioned in ext. 18/2 were given to him. The accused had denied to have been entrusted with the articles in question or to have misappropriated the same.