Indrajit Chatterjee, J. - (1.) THIS Court is hearing this appeal as against the judgment and order of conviction respectively dated 20 -04 -2010 and 21 -08 -2012 passed by the then learned Additional District & Sessions Judge, 2nd Court, Purulia, in Special Court Case No. 05 of 1990 arising out of Puncha P.S. Case No. 2 dated 04 -04 -1987 in which the appellant was convicted in respect of the charge punishable under Section 409 of the Indian Penal Code (hereinafter called as the Code) and he was sentenced to suffer rigorous imprisonment for five years and was further directed to pay fine of Rs. 1000/ - in default to suffer rigorous imprisonment for six months more. The accused was given the right of get set off, which is however automatic being a right of the accused as enacted in that section. This Court issued Rule for enhancement of sentence as per order dated 08 -06 -2010.
(2.) THE case which was before the trial court can be stated in brief thus: - - that this accused appellant was at one point of time was the Extra Departmental Branch Postmaster of Rajnowagarh Extra Departmental Branch Post Office (hereinafter called as the said post office) which was attached Balakdih sub -post office under Purulia Head Post Office for the period from 15 -5 -1982 to 12 -4 -1986 and during that period, he defrauded government money to the tune of Rs. 2500/ - from the said Post Office in respect of Savings Bank Account No. 226461 which stood in the name of one Bhutu Mahato (since deceased). It was further case of the prosecution that once Sri Bhutu Mahato tendered Rs. 2500/ - to the accused -appellant through his son, Sunil Kumar Mahato, on 06 -09 -1985 to make deposit in the said account but the accused -appellant, Saktipada Bouri, entered the particulars of the said deposit in the relevant passbook under his initial and date, stamp, impression of the office and granted counterfoil receipt of the pay -in -slip initial, date and stamp to the depositor, his son. However, this accused -appellant did not enter that transaction of deposit in the Office Journal, Branch Office Savings Bank Journal etc. and he also did not take that amount to Government Account on the same day or any subsequent date and as such, he defrauded the Government money to the tune of Rs. 2500/ -
(3.) THE First Information Report was filed with Puncha Police Station, District: Purulia, by one Subrata Chattaraj (Sub -Divisional Inspector of Post Offices, Purulia Central Sub -Division), (P.W. -1) and regarding this Puncha P.S. Case No. 2 dated 04 -04 -1987 was registered. The said case was also subsequently registered as G.R. Case No. 407 of 1987 of the then S.D.J.M., Purulia.;