BASANTI SINGHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Informant Mobarak Ali filed a complaint case on 5.11.94 stating inter alia, that he is a teacher at Patharkandi Girls' ME School, herein after referred to as the school, where accused Srnti Basanti Sinha is officiating as Head Mistress. In respect of arrear pay, allowance and salary for the month of January and February 1994 of the complainant Mobarak Ali, the said school prepared TA bill of Rs. 13,770/- and the amount was drawn from the Bank on 11.3.94. The accused, however, did not pay the amount to the complainant on this or that plea and has dishonestly misappropriated the same. The complaint was sent to police whereupon, GR Case No. 1153/1994 was registered and investigated. On receipt of the charge sheet, the Addl Chief Judicial Magistrate, Karimganj held trial under section 409 IPC wherein the prosecution examined as many as five witnesses. On conclusion of the trial, the trial Court convicted the accused person under section 409 IPC and sentenced her to imprisonment for 3 years and to pay a fine of Rs. 5,000/-, in default to further imprisonment for 3 months.

(2.) The petitioner filed Criminal Appeal No.27 (4) of 1999 before the Sessions Judge, Karimganj and vide impugned order dated 19.9.2000, the appellate Court dismissed the appeal and hence, the present revision.

(3.) In the present case, there is no dispute at the Bar that the accused- petitioner was serving as a public servant at the relevant time and a bill was drawn for Rs. 13,770/- for payment to the informant Mobarak Ali towards his salary and arrear pay and allowance etc. Further, it is not disputed that the said amount was of Rs. 13,770/-. It is also not disputed and there is finding that the said amount of Rs. 13,770/- was not paid to Mobarak Ali.