DEBASISH KAR GUPTA ,J. - (1.) This appeal is directed against order of conviction of the appellant punishable under Section 409 of the Indian Penal Code (hereinafter referred to as the I.P.C.) dated May 28, 2013 and sentence dated May 29, 2013 to suffer rigorous imprisonment for life and to pay a fine of Rs.10 lakh in default to suffer further rigorous imprisonment for 10 years, passed by the learned Special Judge, 2nd Court, Jalpaiguri in Special Case No.2 of 2011 arising out of Kotwali P.S. Case No.459 of 2011 dated June 8, 2011, G.R. No.2041 of 2011.
(2.) According to the prosecution case, on June 7, 2011 the shortage of cash to the extent of Rs.9 lakh 80 thousand only was detected at the time of closing of United Bank of India, Jalpaigury Branch (hereinafter referred to as the said Bank). In course of searching and reconciling the cash, it was detected that the appellant, who was working for gain as Cash Peon of the said Bank, had left the bank before his scheduled time of departure without any information. On further enquiry it was revealed that he had left his cycle and hand bag in the said Bank. He could not be traced over telephone. Sri Santanu Biswas, an Officer of the said Bank was deputed to find him out. But he (the appellant) was not available at his residence. Then a team of officers and staff of the said Bank consisting of Sri Ajit Kumar Sinha, Branch Manager of the said Bank (PW 3), Amal Kr. Bhattacharya, Single Window Operator of the said Bank (PW 6) and T. Phuntsok, posted at North Bengal Regional Office of United Bank of India at Siliguri (PW 9) visited the house of the appellant. After waiting there for some time as also after much persuasion by his wife over telephone, the appellant came back to his house. He confessed in writing in presence of the aforesaid officers that he had committed theft of the Bank's money from the vault of the said Bank.
(3.) On June 8, 2011, at 00.20 hours the PW 3 submitted a written complaint to the Officer -in -Charge, Jalpaiguri Police Station, Jalpaiguri. The formal FIR bearing Kolwali P.S. Case No.459 dated June 8, 2011 was drawn at 00.20 hours on the basis of General Diary Entry No.530 dated June 8, 2011. The case was entrusted to Sri Ashish Thapa (PW 10), Sub Inspector, Kotwali Police Station, District -Jalpaiguri by the Inspector -in -Charge of the aforesaid police station for investigation. The appellant was arrested from his house on the same day. After completion of investigation a charge -sheet bearing No.737 dated August 31, 2011 was submitted against the appellant for commission of offence punishable under Sections 409/411 of the I.P.C. Charge under Sections 406/409 of the I.P.C. was framed against the appellant by the learned Judge, Special Court (Under NDPS Act), Jalpaiguri on January 6, 2012 on the ground that on June 7, 2011 the appellant being entrusted with Rs.9,80,000/ - at the office of the said Bank converted the same for his own use and committed criminal breach of trust in respect of the aforesaid amount of money in the capacity of a public servant (Cash Peon) thereby. After taking into consideration the evidence of 11 prosecution witnesses, documentary evidence and the statement of the appellant recorded under Section 313 of Cr.P.C. the impugned judgment was passed. ;