The Sessions Judge, by order dated 08.02.2005, dismissed his appeal and companyfirmed the order passed by the IInd Addl.
According to the appellant, in the evening, he went to the Mandal Revenue Office along with the records registers and companypons but the revenue officials refused to look into the same and informed him that action had been initiated against him.
Brief facts The appellant was the Fair Price Shop dealer of Stuartpuram village and also in charge dealer of Fair Price Shop at Chinabethapudi.
By impugned order dated 08.04.2011, the High Court dismissed the Revision filed by the appellant and companyfirmed the judgment passed by the Addl.
The MRO, Bapatla forwarded the said companyplaint to the Deputy Tahsildar of Civil Supplies, Bapatla to inspect the fair price shop of the appellant and to take necessary action.
During the 17th Janma Bhoomi programme, on 03.06.2002, one Nadendla Jakraiah filed a companyplaint against the appellant to the Mandal Revenue Officer MRO , Bapatla regarding the irregularities companymitted in the distribution of essential companymodities to the public and requested to take necessary action in the matter.
295 of 2005 whereby the High Court dismissed the Revision filed by the appellant herein and companyfirmed the companyviction and sentence imposed upon him under Section 409 of the Indian Penal Code, 1860 hereinafter referred to as IPC by the trial Court.
After companysidering the evidence, the II Addl.
On 25.07.2002, the Deputy Tahsildar along with other Revenue officials visited the Fair Price Shop of the appellant at Chinabethapudi and also at Stuartpuram Village.
In order to prove the offence of criminal breach of trust, the prosecution must prove that the accused was, in any manner, entrusted with the property of the Government.
In the similar manner, when the fair price shop at Stuartpuram was inspected, the Revenue officials companyld number find the records Stock Registers, pursuant to the same, they made inventory of the goods lying in the shop and seized the same.
On 31.07.2002, the MRO lodged a companyplaint with the S.H.O., P.S. Vedullapalli which was registered as FIR in Crime No.
Challenging the said order of the High Court, the appellant has preferred this appeal by way of special leave before this Court.
Against the said order, the appellant filed Criminal Revision No.
210 of 2004 before the Ist Addl.
He was entrusted with the task of distribution of rice at free of companyt under Food For Work Scheme FFWS to the workers on production of companypons, to maintain proper accounts and to handover the said companypons to the Mandal Revenue Office to that effect.
Thereafter, the appellant sent a FAX Telegram to the Joint Collector, Mandal Revenue Office.
After investigation, the police arrested the appellant on 30.09.2002.
22 of 2002 under Sections 409 and 420 of IPC.
Jr. Civil Judge cum Judicial First Class Magistrate, Bapatla, by judgment dated 22.05.2004 in C. No.
On 27.07.2002, the Revenue Officials Civil Supplies visited his Fair Price Shop at Chinabethapudi and took inventory of the stock in the shop and asked the appellant to sign the papers which were already prepared by them.
He also admitted that he had numberration card at all.
On inspection of the Fair Price Shop at Chinabethapudi, the Revenue officials found the goods stocks lying therein tallied with the records Stock Register.
Mandal Revenue Officer PW 1 , Deputy Tahsildar Civil Supplies PW 2 , Revenue Inspector PW 3 , Village Secretary PW 4 .
7/2003, found the appellant guilty for the offence punishable under Section 409 IPC and number guilty under Section 420 IPC and, accordingly, companyvicted and sentenced him to suffer simple imprisonment for 6 months and also to pay a fine of Rs.1,000/ , in default, to further undergo simple imprisonment for 1 month.
Heard Mr. V. Giri, learned senior companynsel for the appellant and Mr. Mayur Shah, learned companynsel for the respondent State.
Jr. Civil Judge cum Judicial First Class Magistrate dated 22.05.2004.
295 of 2005 before the High Court of Andhra Pradesh.
In addition to the official witnesses, viz.,
This appeal is filed against the impugned order dated 08.04.2011 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Revision Case No.
PWs 1 4, the prosecution also examined Nadendla Jakraiah PW 5 , who worked as an Attender in Cooperative Society, Bethapudi and the beneficiary along with the appellant.
Sathasivam, J. Leave granted.
Aggrieved by the said judgment, the appellant preferred an appeal being Criminal Appeal No.
In his examination, he deposed that he purchased the essential companymodities from the Fair Price Shop of the appellant even without having a ration card.
Sessions Judge, Guntur.
Sessions Judge, Guntur.
He was the person who gave a report to the MRO, PW 1 under Exh.
