SUBUDHI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is preferred against the judgment of the Second Additional Sessions Judge, Berhampur, in Criminal Appeal No. 57 of 1985 (54/85 GDC) confirming the order of the Judicial Magistrate, First Class, Digapahandi, convicting the Petitioner under Section 406, I.P.C. and sentencing him thereunder to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1, 000/ - in default to undergo rigorous imprisonment for a further period of six months.

(2.) THE prosecution case may be briefly stated as follows:

(3.) BESIDES exhibiting several documents, the prosecution has examined in all ten witnesses to prove its case. P.Ws. 1 and 2 were examined as witnesses to the seizure of 99 bags of cement from the mill premises of the said Chinari Krishnamurty Subudhi as well as to prove that the said 99 bags of cement were kept in the zima of the present accused -Petitioner P.W. 4 Sri M.P. Sahu was the Inspector of Vigilance, who seized the 99 bags of cement in question in the presence of P.Ws. 1 and 2 and allegedly kept the same in the zima of the accused -Petitioner. P.W. 3 took over the charge of the Vigilance Squad Office at Digapahandi from P.W. 4 on his transfer. P.W. 6 is one of the Investigating Officers and he is also the informant in the present case. P.W. 9 is the Inspector of Supplies who claims to have accompanied P.W. 6 when he went to the Petitioner and demanded of him to return the 99 bags of cement. In the year 1980 P.W. 6 was the Bench Clerk to the Collector. P.W. 8 was an Assistant in the office of the Chief Judicial Magistrate, Ganjam. P.W. 10 claims to have taken charge of the investigation of this case from P.W. 6.