- (1.) Leave granted.
(2.) This appeal is filed against the impugned order dated 08.04.2011 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Revision Case No. 295 of 2005 whereby the High Court dismissed the Revision filed by the appellant herein and confirmed the conviction and sentence imposed upon him under Section 409 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") by the trial Court.
(3.) Brief facts: (a) The appellant was the Fair Price Shop dealer of Stuartpuram village and also in-charge dealer of Fair Price Shop at Chinabethapudi. He was entrusted with the task of distribution of rice at free of cost under "Food For Work Scheme" (FFWS) to the workers on production of coupons, to maintain proper accounts and to handover the said coupons to the Mandal Revenue Office to that effect. (b) During the 17 th Janma Bhoomi programme, on 03.06.2002, one Nadendla Jakraiah filed a complaint against the appellant to the Mandal Revenue Officer (MRO), Bapatla regarding the irregularities committed in the distribution of essential commodities to the public and requested to take necessary action in the matter. The MRO, Bapatla forwarded the said complaint to the Deputy Tahsildar of Civil Supplies, Bapatla to inspect the fair price shop of the appellant and to take necessary action. (c) On 25.07.2002, the Deputy Tahsildar along with other Revenue officials visited the Fair Price Shop of the appellant at Chinabethapudi and also at Stuartpuram Village. On inspection of the Fair Price Shop at Chinabethapudi, the Revenue officials found the goods/stocks lying therein tallied with the records/Stock Register. In the similar manner, when the fair price shop at Stuartpuram was inspected, the Revenue officials could not find the records/Stock Registers, pursuant to the same, they made inventory of the goods lying in the shop and seized the same. According to the appellant, in the evening, he went to the Mandal Revenue Office along with the records/registers and coupons but the revenue officials refused to look into the same and informed him that action had been initiated against him. Thereafter, the appellant sent a FAX/Telegram to the Joint Collector, Mandal Revenue Office. (d) On 27.07.2002, the Revenue Officials (Civil Supplies) visited his Fair Price Shop at Chinabethapudi and took inventory of the stock in the shop and asked the appellant to sign the papers which were already prepared by them. (e) On 31.07.2002, the MRO lodged a complaint with the S.H.O., P.S. Vedullapalli which was registered as FIR in Crime No. 22 of 2002 under Sections 409 and 420 of IPC. After investigation, the police arrested the appellant on 30.09.2002. (f) After considering the evidence, the II Addl. Jr. Civil Judge-cum-Judicial First Class Magistrate, Bapatla, by judgment dated 22.05.2004 in C.C. No. 7/2003, found the appellant guilty for the offence punishable under Section 409 IPC and not guilty under Section 420 IPC and, accordingly, convicted and sentenced him to suffer simple imprisonment for 6 months and also to pay a fine of Rs.1,000/-, in default, to further undergo simple imprisonment for 1 month. (g) Aggrieved by the said judgment, the appellant preferred an appeal being Criminal Appeal No. 210 of 2004 before the Ist Addl. Sessions Judge, Guntur. The Sessions Judge, by order dated 08.02.2005, dismissed his appeal and confirmed the order passed by the IInd Addl. Jr. Civil Judge-cum-Judicial First Class Magistrate dated 22.05.2004. (h) Against the said order, the appellant filed Criminal Revision No. 295 of 2005 before the High Court of Andhra Pradesh. By impugned order dated 08.04.2011, the High Court dismissed the Revision filed by the appellant and confirmed the judgment passed by the Addl. Sessions Judge, Guntur. (i) Challenging the said order of the High Court, the appellant has preferred this appeal by way of special leave before this Court. ;