LAMBODAR PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has been convicted under section 5(1 )(c) read with section 5 (2) of the Prevention of Corruption Act, 1947 (Act IJ of 1947), hereinafter referred to as the Act, and sentenced to rigorous imprisonment for one year by the Special Judge, Vigilance, Bhubaneswar, on 18-12-1971.

(2.) The appellant was an Assistant Sub-Registrar under the Government of Orissa, Co-operative Societies. From March, 1964 to June, 1967 he was posted as Secretary, Regional Co-operative Marketing Society (R. C. M. S.) Jagatsinghpur. As such, 1 is duty was to receive cash and goods, disburse money and maintain accounts. He was also incharge of the stock and stores of the said R. C. M. S. at Jagatsinghpur.

(3.) It is alleged by the prosecution that on 31-8-1964 he received Rs. 201.00 from Sridhar Das, the Secretary of Nuagan Society, sent through the cart-man (p.w. 7) and sold 12 bags of fertilisers to p. w. 8 from the R. C. M. S., Jagatsinghpur In token of that he granted a receipt Ex. 8 dated 31-8-1964. This amount was not shown in the Cash book Ex. 9 nor the cash taken into the account. Hence the allegation that he misappropriated the said amount. There was another charge in respect of supply of groundnuts; but the learned Special Judge held the appellant not guilty of that charge and so need not be referred to here.