A.R.SOMNATH IYER,.J. - (1.)IN the Branch post office at Toppada Bagur in the District of Bangalore, the accused who is the appellant before me was the branch post master. He was convicted by the Sessions Judge of an offence of criminal breach of trust punishable under Section 409 of the Penal Code and of an offence of forgery punishable under Section 467 and sentenced him. to two years' rigorous imprisonment in respect of each of the two charges.
(2.)ACCORDING to the prosecution case P. W. 8 Hussain Khan who is the brother -in -law of P. W. 7 Hayathbi remitted a sum of Rs. 50/ - from Bombay to P. W. 7 by money order on May 6, 1965. P. W. 7 Hayatbi was a resident of Govindpur which was within the area of the branch post office at Toppada Bagur, and so, the money order was received for remittance in that post office.
P. W. 1 Mariyappa, it is not disputed went in search of P. W. 7 to pay the amount to her, but since she was not in Govindpur he brought back the money to the Post office and handed it over to the accused. But on May 13, 1965, according to the prosecution evidence, the accused told P. W. 1 that P. W. 7 had meanwhile visited the post office and had collected the amount, and so, asked P. W. 1 to affix his signature to the money order coupon to evid the payment, and he did so. P. W. 2 Siddoji Rao, the mail carrier, and P. W. 3 who is a neighbour of the accused also gave evidence that they attested the finger impressions on the money order receipt which purported to be that of P. W. 7.

(3.)THE prosecution evidence was to the effect that those two finger impressions which E purport to be those of P.W. 7 had been forged y the accused, and that he had misappropriated that sum of money, and that P. Ws. 1, 2 and 3 affixed their signatures and attestations respectively on the money order coupon in the belief that the accused had stated the truth when he told them that P. W. 7 had affixed her finger impressions on the money order receipt.
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