BALI RAM PRASAD Vs. STATE OF MYSORE

JUDGEMENT

(1.) Bali Ram Prasad was convicted by Magistrate Ist Class Shorapur under Section 409, Indian Penal Code and was sentenced to undergo simple imprisonment for a period of 90 days and to pay a fine of Rs. 100/- or in default, to undergo simple imprisonment for a further period of one month. On appeal the Sessions Judge Gulbarga maintained the conviction of the accused but reduced the sentence of imprisonment to the period already undergone. The sentence of fine and of imprisonment in default was maintained. Revision filed by the accused was dismissed by the High Court of Mysore. Bali Ram Prasad has now come up in appeal to this Court by special leave.

(2.) The prosecution case is that during the years 1959 and 1960 the accused was posted as Revenue Inspector in Shorapur Tehsil in Gulbarga District. Some amount was due from Bhimsha, excise contractor and in that connection, Rs. 946/- were paid by Bhimsha to the accused on January 22, 1959 as per receipts P-2, P-3 and P-4 for Rs. 730/-, Rs. 106/- and Rs. 110/- respectively. The accused deposited Rs. 810/- out of the amount realised from Bhimsha on January 27, 1959 in the treasury and failed to deposit the balance. Rs. 136/- were thus misappropriated by the accused. Subsequently, it was brought to the notice of Advi Rao (PW. 1) who was successor of the accused, that Rs. 946/- had been paid to the accused by Bhimsha, Advi Rao reported the matter to the higher authorities. Inquiry was thereafter started against the accused. After the commencement of the inquiry Rs. 130/- were deposited in the treasury by Laxman Prasad (DW), brother of the accused, on November 9, 1960, Rs. 6/- were also deposited but the date of deposit is not clear on the record.

(3.) The accused in his statement under Section 342, Code of Criminal Procedure denied all the prosecution allegations. In defence Laxman Prasad, brother of the accused, was examined as witness. According to Laxman Prasad, he did not deposit Rs. 130/- in the treasury on November 9, 1960.