Decided on March 01,1978

Achutananda Dash Appellant
The State Of Orissa Respondents


P.K. Mohanti, J. - (1.) BOTH the Criminal Revisions have been heard together and will be disposed of by this common judgment.
(2.) THE Petitioner was the Secretary of the Governing Body of the Gopabandhu Science College, Athgarh during the period from 2 -9 -1962 to 18 -11 -1966. He was also a member of the Orissa Legislative Assembly, the Chairman of the Zilla Parishad and a practising lawyer during that period. He resigned from Secretaryship and the resignation was accepted with effect from 18 -11 -1966. The accounts of the College for the period from 20 -9 -1962 to 31 -3 -1967 were audited in May, 1967 and the Auditor reported that a sum of Rs. 24,194/ - was recoverable from the Petitioner. In a meeting of the Governing Body of the College held on 11 -6 -1967 the audit report was considered. The Petitioner was present in the meeting as a member of the Governing Body. He promised to pay the amount If actually found due against him on proper verification of accounts. On 12 -11 -1967 F.I.R. was lodged by Lingaraj Jena, the Head Clerk of the College, for prosecution of the Petitioner under Section 406, Indian Penal Code for the alleged misappropriation of a sum of Rs. 24,193 89 After investigation the police submitted charge -sheet under Section 406, Indian Penal Code. At the time of framing charge, the amount alleged to have been misappropriated was split up calendar year wise. In G.R. Case No. 169 of 1967 charge was framed for misappropriation of a sum of Rs. 15,277.98 during the calendar year 1965 and in G.R. Case No. 169 -A of 1967 for misappropriation of the balance amount of Rs. 8912.60 during the calendar year of 1966. The Petitioner denied the charge and contended that the case was foisted against him on account of his political rivalry with the President of the College. He contended that monies advanced to him had been utilised for purposes of the College and that nothing was outstanding against him.
(3.) AFTER trial, the learned Magistrate convicted the Petitioner under Section 403. Indian Penal Code and sentenced him to undergo R.I. for four months in G.R. Case No. 169 of 1967 and R.I. for two months in G.R. Case No. 169 -A of 1967. On appeal, the learned Additional Sessions Judge confirmed the conviction and the sentences.;

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