TOUFIQUE UDDIN,J. - (1.) This appeal arose out of judgment and order of conviction dated 05.05.2012 passed by learned Special Judge, 1st Court. Paschim Medinipur in Special Trial No. 2 of 2005 sentencing the appellant to suffer rigorous imprisonment for seven years and to pay fine of Rs.5.000/- in default to suffer further rigorous imprisonment for one year for commission of offence punishable under Sections 409 of the Indian Penal Code.
(2.) In the background of this appeal, the fact in a nutshell is as follows:- In August 2002, the accused Bhuteswar Bhunia was posted as Branch Post Master in Thakurchand Post Office under Belda 1st Sub-division. One Ghostha Bihari Jana had a Savings Bank Account No. 546762 in the said Post Office. He complained to the Superintendent of Post Offices, Contai Division that his aforesaid Savings Account shows a withdrawal of Rs. 27,000/- on 08.08.2002 even though he had not withdrawn the money and prayed for an investigation. It was seen that the said amount had been withdrawn against a withdrawal voucher on which one Swadesh Ranjan Pradh.an was the identifier. Thereafter, the Inspector of Posts, Belda 1st Sub-division lodged FIR under Sections 419/420/468 of the Indian Penal Code against the accused Bhuteswar Bhunia.
(3.) The case was committed to the Court of Sessions by the learned CJM, Purba Medinipur. The Trial Court framed charge on hearing of both sides against the accused person under Section 409 of the Indian Penal Code. The contents of the charge were read over and explained to the accused person who pleaded guilty and claimed to be tried.;