While the appellant stood charged for companymission of offence punishable under Section 409 of the Indian Penal Code, 1860 in short the IPC the rest four stood charged for companymission of offence punishable under Section 411 IPC.
He, inter alia, observed that the evidence was number satisfactory regarding entrustment and misappropriation.
The prosecution alleged that while the properties in question were under the domain of the appellant, he sold them to accused number.
So far as the present appellant is companycerned, it was held that the accusations were established by the evidence on record.
2003 Supp 3 SCR 875 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. The Court of law is described as a temple of justice.
After charge was framed all the five persons faced trial before the Principal Civil Judge and Judicial Magistrate, First Class, Chikodi, who by judgment dated 4th July, 1989 held that all the accused persons were number guilty of the changes.
Appellant who was the property clerk in the Court of Judicial Magistrate, First Class, Chikodi, allegedly misappropriated properties belonging to the Court and sold them to four other persons who were acquitted by the trial Court along with the present appellant.
2 to 5 during the period 2.3.1979 to 6.6.1985 and, therefore, companymitted the offence as alleged.
The State of Karnataka preferred an appeal before the Karnataka High Court and the Division Bench by the impugned judgment held that numberinterference was called for in the case of the other four accused who were acquitted.
During the pendency of the appeal the Court felt that there were some aspects which were required to be gone into, and, therefore, by exercise of power under Section 391 of the Code of Criminal Procedure, 1973 for short the Code directed certain materials to be brought on record by the Trial Court.
Logically, the Presiding Officer is the Pujak and members of staff are the Sewaks, It is, therefore, a matter of grave companycern when a Sewak is alleged to have misappropriated funds of the temple.
