Judgement

P. JAGANMOHAN REDDY, J.:- The appellant was acquitted by the Trial Court of offences under Sections 409 and 477-A of the Indian Penal Code. The complainant, Harivallabh, Secretary of the Go-Samvardhan Samiti, where the appellant was working at the time of the alleged commission of the offence, obtained leave and filed an appeal. The High Court allowed the appeal, reversed the acquittal by convicting him of the offences with which he was charged and sentenced him on each count to four months rigorous imprisonment. This appeal is by Special Leave against that judgment.

2. The prosecution case is that it was the duty of the appellant to purchase and sell hides and skins on behalf of the Go-Samvardhan Samiti, maintain kachha and pakka account books, prepare bills and vouchers etc. In the course of his duty, the appellant is alleged to have sold to one Nandram 85 hides @ 26.50 per hide though in fact he purported to seel them @ 24.00 each and thereby misappropriated Rupees 212.50. When the misappropriation came to light he was questioned and it is said that he wrote a letter Ex. 18 admitting his guilt, which of course he denied. The case of the appellant was that he was appointe