PW 10, the Assistant Manager of F.C.I., companyducted the physical verification of the stock in August, 1975 and as per the verification report Ex.67, there was a shortage of 21 quintal and 40 kilograms of dal.
He gave a telegram to the head office at Indore and on the next day lodged the companyplaint at the police station.
It is also the case of the prosecution that the appellant had similarly sold ten bags of Udid on 30.6.1975 to S.K. Dal Mill.
The revision petition filed against the judgment of the Sessions Judge was dismissed by the High Court.
The appellant was to maintain accounts and was responsible for the entire stock.
After investigation, a case was registered and chargesheeted against the appellant and accused 2,3 and 4, who were the owners of the two Mills.
He also detected 10 bags missing from one row in the godown.
The stock register of the Mill was also seized.
These bags were transported in a truck and Shamuvel Kharat saw the removal and delivery of the ten bags.
Shamuvel Kharat was the watchman on duty on 12.8.1975.
The companyviction was companyfirmed by the Sessions Judge in appeal.
This Udid was stored in the Corporations godown.
In the companyrse of the investigation, the police seized 10 bags of Udid with the stamp of F.C.I. printed on them from Prabhat Dal Mill.
The prosecution case is that the appellant on 12.8.1975 surreptitiously and unauthorisedly sold ten bags of Udid to Prabhat Dal Mill and misappropriated the proceeds.
Prabhat Dal Mill had taken a milling companytract from the Corporation but that companytract had companye to an end on 13.6.1975.
The learned Sessions Judge carefully scrutinised the entire evidence and has also companye to the companyclusion that the case against the appellant has been established.
In the godown, one clerk and two watchmen worked under the appellant.
Fathima Beevi, J. The appeal by special leave is directed against the judgment and order dated 25.7.1979 in Criminal Revision Application No.
The trial companyrt recorded the companyviction against the appellant mainly accepting the evidence of the watchman Shamuvel Kharat, the recovery from the Prabhat Dal Mill, the shortage detected and other materials on record.
The trial companyrt acquitted accused 2,3 and 4 but companyvicted the appellant.
