Md. Mumtaz Khan, J. - (1.) The subject matter of challenge in these appeals is the judgment and order of conviction and sentence dated May 31, 2011 and June 01, 2011 respectively passed by the Ld. Additional District and Sessions Judge, Second Special Court, Purulia in Special Court Case No. 1 of 2007. By virtue of the impugned judgment the appellants were convicted for committing the offence punishable under Sec. 409/34 of the Indian Penal Code (hereinafter referred to as IPC) and were sentenced to suffer rigorous imprisonment for 08 years each and also a fine of Rs. 1,000/ - each in default rigorous imprisonment for one month more. The period of detention undergone during trial and investigation was directed to be set off accordingly.
(2.) The backdrop of these appeals is discussed herein under in a nutshell - "An FIR being No. 70/06 dated November 04, 2006 of Raghunathpur P.S., District Purulia was drawn up against both the appellants on the basis of the written complaint dated November 04, 2006 of P.W.1, Bhaja Gobinda Satpati, Superintendent of Post Offices, Purulia Division, Purulia for committing the offence punishable under Sec. 409 of the Indian Penal Code."
(3.) According to FIR, Asit Baran Mallick (appellant of CRA No. 366 of 2011) was working as Postal Assistant of Raghunathpur Sub -Post Office since June 06, 2004 and was the custodian of government cash, stamps and valuables of Raghunathpur Sub -Post Office and Basudeb Mukherjee (appellant of CRA 315 of 2011) was working as a Sub -Post Master of that Sub -Post Office and was the joint custodian of the government cash, stamps and valuables. As the Sub -Post Master was not in a regular habit to count the cash and stamps every day, so taking advantage of the same Postal Assistant, Asit Baran Mallick misappropriated government money amounting to Rs. 6,71,247.45 for his personal use. It came to light when Sub -Post Master, Raghunathpur Sub -Post Office asked Sri Asit Baran Mallick, Postal Assistant of Raghunathpur Sub -Post Office to remit the surplus cash on November 03, 2006. Sub -Post Master, Raghunathpur Sub -Post Office then informed P.W.1 on November 04, 2006 over phone who then went to the Sub -Post Office, Raghunathpur and on verification cash and stamps found shortage of the cash of Rs. 6,71,247.45 and accordingly lodged the complaint (Exbt. 3).;