- (1.) This criminal appeal is directed against an order of conviction under Section 409 of the Indian Penal Code passed against the appellant and sentenced to suffer rigorous imprisonment for one year and a fine of Rs. 500/- with default clause.
(2.) The prosecution case in a nutshell is as follows; On February 4, 1992, the Sub-Post Master of Beliatore Sub-Post Office the P.W. 1 Dwijendra Lal Roy informed the P.W. 8 Amar Kumar Mandal, Sub-Divisional Inspector of Post Office, Bankura North Sub-Division vide an office memo that no cash bag, no B.O. Slip was received in his B.O. bag dated February 3, 1992 and it was further informed that B.O. bag of Bankura Branch Post Office contained remittance of Rs. 2,500/- enclosed in sealed cash bag having weight 220 gms., four money orders for payment, one unpaid letter of Re. 1 and one telegram cover duly entered in B.O. Slip prepared by Beliatore Post Office. On the basis of such report the P.W. 8 carried out a detailed investigation into the case and found that Ashoke Singha, the Extra Departmental Mail Carrier, Bankura Branch Post Office, the appellant herein had taken away, the sealed cash bag containing the remittance of Rs. 2,500/- was made by Beliatore Sub-Post Office, four aforesaid money orders, one unpaid letter, one telegram cover and Beliatore B.O. slip containing detailed entries of all the aforesaid articles including cash, from Bankura Branch Post Office on February 3, 1992 on official duty. On February 5, 1992 the said Ashoke Kumar Singha voluntarily credited a sum of Rs. 2,500/- which was the amount of remittance sent by Beliatore S.O. to Bankura B.O. and subsequently on February 7, 1992 Sri Singh returned back the empty leather cash bag marked for Bankura Post Office, four aforementioned money orders, one unpaid letter of Re. 1/- and the Beliatore B.O. slip. Following the aforesaid complaint being made to the Barjora Police Station a FIR was recorded under Section 409 of the Indian Penal Code and after completion of investigation police submitted charge-sheet against the appellant for the self-same offence. Thereafter, the appellant was placed on trial before the Learned Judge, First Special Court, Bankura in connection with Special Court Case No. 3 of 1994 to answer a charge under Section 409 of the Indian Penal Code.
(3.) During the course of trial the prosecution examined as many as 12 witnesses viz. P.W. 1 Dwijendralal Roy, Postmaster of Beliatore Post Office. P.W. 2 Sushanta Kumar Dey, Postal Assistant of Beliatore Post Office, P.W. 3 is the Postmaster of Bankura Post Office, P.W. 4 Shymal Kumar Ghosh, seizure list witness of Bankura Post Office, P.W. 5 Subodh Kumar Ghosh, seizure list witness of Bankura Post Office, P.W. 6 Sunil Baran Mukherjee, Assistant Superintendent of Post Office of Bankura District, P.W. 8 Amar Kumar Mandal, Assistant Superintendent of Post Offices, Katwa, P.W. 9 Ranjit Kumar Hazra, Postal Assistant of Beliatore Post Office, P.W. 10 Sadhan Chandra Bhaduri, S.I. of Police, D.E.B., Bankura, P.W. 11 S.I. Samir Kumar Basak, Officer-in-Charge of Barjora Police Station during the relevant period who partly investigated the case, P.W. 12 S.I. Kripamoy Acharyya, I.O., who finally investigated the case, recorded statements of witnesses, viz. Amar Mandal, seized the empty bag, B.O. slip and submitted charge-sheet.;