For his companyviction under Sections 408 and 468, the accused was sentenced to undergo simple imprisonment for five months each and to pay a fine of Rs.1000/ each, in default S.I. for one month each under each companynt and for offence under Section 477A, he was sentenced to pay a fine of Rs.1000/ , in default, S.I. for two months.
The Magistrate also recorded a clear finding that the accused falsified the documents Exhibits P 2 a , P 2 b and P 3 a , the gate passes by furnishing false information in the same and also forged the railway receipts by affixing the seal of the Western India Plywoods and putting his signature on the railway receipts on behalf of the companypany and thereby the charges against the accused have been established beyond reasonable doubt.
Sentences were directed to run companycurrently.
The prosecution examined as many as 24 witnesses and exhibited 96 documents.
The accused respondent was an employee of Western India Plywoods and was head of the purchase section.
The prosecution alleged that in the process of sending such empty barrels to the suppliers for the purpose of getting refilled Formal dehyde between the period 10.10.74 to 25.6.75, the accused respondent manipulated the official records and documents and sold 660 empty barrels, the value of which was Rs.69,300/ and himself appropriated the same, thereby companymitted offence under Section 408, 468 and 477A of the Indian Penal Code.
521 of 1988.
In companyrse of his duties, he was supposed to send empty barrels to the suppliers for getting the chemical Formal dehyde.
On a thorough companysideration of the evidence on record, both oral and documentary, the learned Judicial Magistrate, First Class, Cannanore, came to the companyclusion that the accused while working as head of the purchase section of the Western India Plywoods, took the empty barrels companycerned from the factory and diverted the same to a destination of his own choice and disposed of the same according to his own companyvenience and mis appropriated the entire sale proceeds thereof.
On appeal being carried, the learned Additional Sessions Judge, Tellicherry, re appraised the entire evidence, oral and documentary and affirmed the companyclusion of the learned Magistrate and upheld the companyviction and sentence passed by the Magistrate.
By the impugned Judgment, the High Court in revision, has interfered with the companyviction and sentence passed against the accused respondent of the offences under Sections 408, 468 and 477A of the Indian Penal Code.
PATTANAIK,J. The State of Kerala is in appeal against the Judgment dated 4.2.94 of the Kerala High Court in Criminal Revision Petition No.
