P. N. BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal from a judgment of 31 Jan 1977 by the Special Judge, Assam at Gauhati in Special Case No. 7 of 1974 convicting the appellant under section 5 (2), PC Act and section 409, IPC.

(2.) The case of the prosecution is that the accused appellant P. N. Baruah was working as a clerk in accounts section in the office of the Divisional Engineer, Telephone (DET) TRA Unit, Dibrugarh during the year 1973. It was not his duty to accept payment of telephone bills and issue receipts to the subscribers. But the accused appellant realised a sum of Rs. 1,301.95 in payment for telephone bill of telephone No. DR 30 and issued receipt dated 2.2.73 (Ext-9) to the subscriber Binod Kumar (PW-4). The accused dis-honestly and fraudulently misappropriated the amount realised by him.

(3.) The learned Special Judge framed charge against the accused appellant under section 5(2) read with sections 5 (1) (c) and 6 (1) (d) of the PC Act and also another charge under section 409, Penal Code. The accused pleaded not guilty. On trial, the learned Special Judge found the accused appellant guilty under section 5 (2) read with section 5 (1) (c), PC Act and also under section 409, Penal Code and sentenced him, as mentioned in his judgment.